NUNIS v. WOOD

6 Div. 746.

46 So.2d 813 (1950)

NUNIS v. WOOD.

Supreme Court of Alabama.

Rehearing Denied June 30, 1950.


Attorney(s) appearing for the Case

Dan P. Barber, of Birmingham, for appellant.

W. A. Jacobs, of Birmingham, for appellee.


LIVINGSTON, Justice.

The one count in the complaint claimed $2,250, with interest, due from defendant on account of a check drawn by defendant on the First National Bank of Birmingham, Alabama, Woodlawn Branch, and payable to the plaintiff, which check was duly presented and payment thereof refused. The defendant interposed a plea of the general issue in short by consent, etc., relying mainly on a failure of consideration.

The trial was had before the court...

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