Spruance v. Gray

Decided November 20, 1917

Superior Court of Delaware · decided 1917-11-20

Action by Daniel C. Spruance against John G. Gray to recover for money advanced by means of a certain check. On motion for judgment. Plaintiff filed an affidavit of demand with copy of cause of action annexed, and moved for judgment at the first term, under Rev. Code 1915, §4169. Defendant moved that judgment be refused notwithstanding no affidavit of defense had been filed.

Motion denied · Decided 1917-11-20

Boyce, J.,

¶1delivering the opinion of the court:

¶2The check sued on in this action is not an instrument of writing for the payment of money by the defendant to the plaintiff, within the purview of Section 4169, Rev. Code 1915.

¶3The motion for judgment for plaintiff is denied.