FALL v. HAINES

J. A. Egderly and W. S. Pierce, for the plaintiff. G. E. Beacham and Frink Batchelder, for the defendant. A cancelled check is not evidence of a debt due the drawer from the payee. "The natural inference from giving a check is, that it was given in payment of a debt due the payee from the drawer." Pars. Notes 84; Fletcher v. Manning, 12 M. W. 570. "A check presented and paid is no evidence of money lent or advanced by the banker to the customer. On the contrary, it is prima facie evidence of the repayment, to the amount of the check, by the banker to the customer, of money lodged previously in the banker's hands." Byles Bills 83; Flemming's Ex'rs v. McClain, 13 Pa. St. 177; Baker v. Williamson, 4 Pa. St. 469. Unless it is shown upon what consideration and under what circumstances a check is given, proof of its delivery and payment is not sufficient evidence of a debt. Aubert v. Walsh, 4 Taun. 293.