Defendant contractors left a check for materialmen in the hands of a third party who appropriated the check to his own use and then, in lieu thereof, gave his own note to the materialmen who endorsed it to a bank and credited the contractors with the amount of the note. In an action by the materialmen against the contractors for services rendered and materials furnished, held, such acceptance and negotiation constituted a payment of the materialmen's claims. Riedman v. Macht, (Ind. App. 1932) 182 N. E. 87.