SUTTON, C. J.
This action was brought by A. V. Patterson against W. C. Smith, in Worth Superior Court, to recover $250, it being alleged that the plaintiff gave the defendant a check on the Sylvester Banking Company payable to the order of the defendant for $250 with the understanding that the same would be used by the defendant in reaching an agreement with H. A. Hornbuckle in regard to a controversy, and would not be presented to the bank for payment, but would...
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