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NEVERETT v. TOWNE

No. 730.

159 A.2d 345 (1960)

H. L. NEVERETT v. Everest R. TOWNE.

Supreme Court of Vermont. Lamoille.

March 2, 1960.

Attorney(s) appearing for the Case

N. Henry Press, St. Albans, for plaintiff.

Lee E. Emerson, Barton, for defendant.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.

SMITH, Justice.

This is a tort action brought under the provisions of §§ 8329 and 8330, V.S. 47, now 9 V.S.A. § 2311 and § 2312, on three checks delivered by the defendant to the plaintiff.

Sec. 8329 of V.S. 47 reads:

"A person who makes, draws, utters, or delivers a check, draft or order for the payment of money upon a bank or other depository, knowing at the time of such making, drawing, uttering or delivery that the maker or...

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