RUSSELL, Judge.
1. The trial court instructed the jury: "If you should find that the check in question, if given, was wholly without consideration; that the defendant was not indebted to the plaintiff in that amount or in any other amount whatever, and that she did not intend to give the plaintiff any such check and did not know that she was doing so, but that the same was obtained by fraud, then I charge you that the plaintiff would not be entitled to recover...
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