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VAN HORN v. VINING

No. 9538.

133 So.2d 901 (1961)

Eva M. VAN HORN, Plaintiff-Appellee, v. Robert H. VINING, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

On Rehearing October 26, 1961.

Attorney(s) appearing for the Case

Louis Lyons, Bossier City, for appellant.

Lee, Taylor, Files & Hawthorne, Shreveport, for appellee.

Before GLADNEY, AYRES and BOLIN, JJ.

GLADNEY, Judge.

This action results from non-payment of a check for $800, dated December 4, 1959. The check, allegedly signed by defendant and given to plaintiff in payment of wages for nursing services, was dishonored by the bank upon which drawn, by reason of the insufficiency of funds on deposit. Answering claimant's petition, the defendant resists payment on the ground that possession of the check was obtained fraudulently and was not supported by consideration...

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