Keener v. Bank of Gassaway

Litz, Judge :

This is an action against the drawee bank on an unaccepted cheek allegedly payable out of a special fund.

October 9, 1929, C. E. Carr executed and delivered to plaintiff, J. W. Keener, his check drawn on defendant, Bank of Gassaway, and payable to the order of Keener in the sum of $3,029.77 for twenty-three cattle sold and delivered by the payee to the maker. This check, according to the testimony of Keener, was left with defendant bank the following morning with the understanding that it would be paid out of the first funds thereafter deposited by Carr. On the afternoon of the…