This section contains the nature of the case and procedural background.

P sued D upon a check for $300, drawn by D upon a banker at Niles, and not honored. The Circuit Judge found that the check was given for an old silver watch, worth about $15, which D took and kept till the day of trial when he offered to return it to the P, who refused to receive it. The Circuit Judge found that the whole transaction was a frolic and banter--P not expecting to sell, nor D intending to buy the watch at the sum for which the check was drawn. When D drew the check he had no money in the bank, and had intended to insert a condition in the check that would prevent D from being liable upon it; but as he had failed to do so, and had retained the watch, the judge held him liable. Judgment was rendered against D for the amount of the check. D appealed.

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