Mendota State Bank v. Riley

Holt, Justice.

There was no motion for a new trial. The appeal is from the judgment.

The action is by the plaintiff to recover of defendant, its depositor, an overdraft of $414.13 arising because of the payment of 18 enumerated checks drawn by defendant upon plaintiff between September 10, 1934, and June 25, 1935, and delivered to the various payees named therein, and by the latter presented to plaintiff for payment, and promptly paid as presented, the date of payment being stamped on the face of each check as paid.

The record discloses that defendant has been in the mercantile business at…