Reeves

This is an appeal by the defendant from a judgment in favor of the plaintiffs for three hundred dollars damages, and also from an order denying defendant’s motion for a new trial.

The action was brought to recover damages claimed to have been sustained by the plaintiffs because of the defendant’s failure to pay on presentation two certain checks, aggregating approximately one hundred dollars, there being on deposit to the credit of plaintiffs sufficient funds to meet them.

Defendant contends that there is no evidence to support the findings of the court (1st) that the checks were in form entitling them to be accepted and paid; and (2d) if they were in form, that the plaintiffs had suffered any substantial damage by reason of the dishonor of the checks.

Upon opening the account the plaintiffs, according to a well established custom, made and delivered to the bank what is termed a signature card, which set forth the manner and form in which checks upon the account should be signed. It was as follows;

The checks in question were signed “R. E. Reeves” and “ J. A. Wadsworth”; and defendant asserts that this was not in the manner and form required by the bank in accordance with its…