Dixon Shoe Co. v. Moen

The case is an appeal from an order overruling a demurrer to a complaint on the ground of insufficiency of facts.

From .the complaint it appears that the plaintiff sold a bill of goods to O. H. Hove, who was conducting a general store, and the goods sold were not wholly paid for. Hove sold his entire stock of goods to Burr Dickie for cash which he deposited to his credit in the defendant bank and after making the deposit drew and sent to plaintiff his check on the bank for the balance due the plaintiff for the goods. Before the check was cleared Hove died and the county court of Sauk county…