Crane

Action upon a check executed by one M. H. Ballou and delivered by him to plaintiff. The check had not been paid by reason of a “stop-payment” order. Since the taking of the appeal defendant M. H. Ballou has died and his executor has been substituted as appellant herein.

The complaint alleged in substance that Ballou, on the twelfth day of January, 1924, drew the check upon a certain bank in favor of one Thomas P. Boyd in the sum of $6,718.10 and delivered the same to said • Boyd. The check was presented to the bank upon which it was drawn, but payment was refused for the reason that Ballou had stopped payment thereon. Boyd thereafter assigned all his rights in the transaction to plaintiff, who brought suit thereon. Judgment was prayed for in the amount stated in the instrument, with interest. The answer alleged lack of consideration and as a separate defense set up that a change had been made in the name of the payee without the authority or consent of defendant. It appeared at the trial that on or about the fifteenth day of August, 1923, M. H. Ballou, a banker, was desirous of assisting his friend, S. P. Brownlee, to obtain certain credit, and with this object in view he joined…