Dykstra v. National Bank of South Dakota

HENDERSON, Justice (on reassignment).

ACTION

This is an action averring negligence against a bank which resulted in a judgment for $6,000.00 in favor of plaintiff-ap-pellee. We affirm.

FACTS

Appellee Dykstra entered a written agreement to purchase a Cadillac purport*863edly owned by James and Peggy Bateman. Appellee Dykstra presented James Bate-man with a personal check drawn upon appellant National Bank of South Dakota payable to “James Bateman and Peggy Bateman.” The bank knew that appellee Dykstra, a customer of twenty years, had made a deal on a Cadillac. Appellant bank loaned appellee Dykstra…