16 Me. 36 | Me. | 1839
The case was continued for advisement, and the opinion of the Court was afterwards drawn up by
This is a suit for money had and received, as stated in the first count. In the second count is set forth a check on the
Under these circumstances there is prima facie evidence, that there was no reasonable expectation that the funds were in the Bank on which the check was drawn, at the date of the check. On such a state of facts it is not necessary for the holder to present such a check at the Bank for payment, in order to sustain an action upon it. The drawing of it, unexplained, must be deemed a fraud, depriving the drawer of all right to require presentment and demand of payment. Franklin v. Vanderpool, 1 Hall’s R. 78.
The plaintiff ought to have been permitted to present his case to the jury. The exceptions are therefore sustained, and a trial may be had here.