SUTTON CORPORATION v. McMaken Transfer Co.

The opinion of the court was delivered by

Wertz, J.:

This is an action for recovery of money wherein appellee seeks to recover from a common carrier in interstate commerce the proceeds of a check deposited with the carrier under conditions hereinafter related.

The pertinent facts disclosed by the pleadings and evidence at the trial and as found by the court may be stated as follows: Plaintiffappellee, the O. A. Sutton Corporation, ordered certain merchandise from the Western Smelting and Refining Company of Omaha, Nebraska. The seller shipped the order by way of defendant’s truck line on a…