DAVIS v. TUNISON

No. 35515.

168 Ohio St. 471 (1959)

DAVIS, APPELLEE, v. TUNISON, APPELLANT.

Supreme Court of Ohio.

Decided February 4, 1959.


Attorney(s) appearing for the Case

Messrs. Chamblin, Morgan & Hunsinger, for appellee.

Messrs. Smith, Clark & Holzapfel and Mr. John R. Welch, for appellant.


STEWART, J.

There is little dispute as to the facts upon which this action is based.

In November 1951, a check in the amount of $34.05, with Borden's Moores & Ross as drawer and plaintiff as payee, was cashed at defendant's Sohio service station.

Plaintiff's name was endorsed on the check. Defendant cashed the check, but during the same month it was returned to him with an affidavit of forgery made by plaintiff. Defendant telephoned plaintiff and...

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