Davis

This is an action to recover the amount represented by certain sixty-eight checks or drafts drawn by defendant, payable to sundry persons, of which said checks or drafts Charles Zany, plaintiff’s assignor, was drawee. These checks read as shown by the following example:

Across the left-hand margin words “App Mine” appeared and the check was indorsed on back as follows: “F. Nelson.” “Chas. Zany, John C. Davis.”

The aggregate total of the sixty-eight checks was $1,714.60.

A general demurrer to the complaint was overruled and defendant answered: Denied that defendant had agreed to pay the sums represented by said checks to Charles Zany; denied that Zany had sold or assigned said drafts to plaintiff or that plaintiff is the owner or holder thereof; denied that the amount claimed or any amount is now due on said drafts, or that defendant has failed or neglected to pay the same. In answering further it was alleged: That each of said drafts was, at all times mentioned in said complaint, known by plaintiff to be non-negotiable and nontransferable by their terms and “by express agreement between said Charles Zany and said defendant. ” As a further and separate defense, averred: That…