STOUT LUMBER CO. v. HAYES

No. 5167.

25 F.2d 841 (1928)

STOUT LUMBER CO. v. HAYES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 17, 1928.


Attorney(s) appearing for the Case

C. Huffman Lewis, J. D. Wilkinson, and W. S. Wilkinson, all of Shreveport, La., for appellant.

A. S. Drew, of Minden, La., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

The Stout Lumber Company accepted Hayes' check for $6,727.86 in payment of a debt. It brought this suit against him on the pre-existing debt, alleging in its petition that the check was presented for collection to the bank on which it was drawn, but was not paid. The defense was that the debt was discharged by the check on the ground that plaintiff's loss was caused either by an unreasonable delay in presenting the check for payment, or by negligence...

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