MOUSEL v. WIDICKER

No. 7458.

69 N.W.2d 783 (1955)

R. Wendell MOUSEL, Plaintiff-Appellant, v. Herman WIDICKER, Defendant-Respondent.

Supreme Court of North Dakota.

April 18, 1955.


Attorney(s) appearing for the Case

Strutz, Jansonius & Fleck, Bismarck, and John A. Layne, Fessenden, for appellant.

John J. Tebelius, Harvey, for respondent.


GRIMSON, Judge.

The plaintiff brings this action on a check issued by the defendant to the plaintiff on April 1, 1952; but post-dated January 1, 1953, in the amount of $2,000. The defendant stopped payment of that check. The complaint alleges presentment for payment, dishonor and notice. Defendant answers with a general denial, admits the check, raises the defense of failure of consideration and counterclaims for $8,000 damages, alleging that the check was given as...

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