Cooper v. Smith

Elliott, C. J. —

The appellant alleges in his complaint that he delivered to the appellee for collection a check given by the pension agent of the United States, at Indianapolis ; that the appellee undertook to collect it and return the proceeds to the appellant; that he did collect the amount of the check, but, instead of returning the amount collected to the appellant, deposited it in Fletcher & Sharpe’s bank, at Indianapolis, in his own name and to his own credit, and *314that the bank was then and now is totally insolvent. The third paragraph of the answer admits the receipt and collection of…