Weldon

The action is to recover the amount of a lost check drawn by defendant upon Commercial Bank of Ukiah and payable to J. B. Helton or order for $2,000. Judgment is prayed for the said amount of $2,000, with legal interest from September 20, 1909.

A demurrer for insufficiency of facts and for uncertainty was overruled and defendant answered, denying specifically most of the averments of the complaint; avers that he has offered to draw a duplicate check for said amount “on condition that due and proper presentation of the original thereof be made to said Commercial Bank of Ukiah,” and if not paid when thus presented defendant will pay the same on notice of nonpayment or will issue a duplicate check; avers also that he has not paid the amount of said check, “and he now refuses to do so and has at all times refused to do so unless assured that he will not be called upon to again pay the same, and this defendani is now unwilling and at all times has been unwilling to accept from said plaintiff any bond or indemnity conditioned as set out in plaintiff’s first amended complaint.”

Defendant then sets forth special defenses, covering some seventy-five folios of the transcript, which may be…