Miles City Bank v. Askin

MR. JUSTICE FREEBOURN:

This is an action to recover on a $5,000 check which was drawn on the Bank of Baker, at Baker, Montana, and cashed by the Miles City Bank of Miles City, Montana, upon which payment was stopped.

Judgment favored Askin and the Miles City Bank appealed.

The case was before this court on a former appeal, Miles City Bank v. Askin, 119 Mont. 581, 179 Pac. (2d) 750, 171 A. L. R. 790, and a new trial was granted.

The facts are stated in our first opinion and further statement thereof is unnecessary here.

The law as laid down in the former opinion is the law of the case and must be…