Central Loan, Inc. v. Farmers & Merchants Bank

OPINION

By HORNBECK, PJ.

This is an appeal on questions of law from an order of the trial court sustaining defendant’s motion for new trial after the court had instructed the jury to return a verdict for plaintiff in the sum of $2,286.59 with interest and costs.

Plaintiff’s action was predicated upon the following facts. On and prior to December 1954, plaintiff and Fairborn Appliance, Inc., for which Randall E. Hedrick was authorized to act, were depositors in defendant bank.

On December 22, 1954, Hedrick gave to plaintiff a check payable to it drawn upon the Xenia National Bank, Xenia, Ohio, in…