Fullerton Lumber Co. v. Chicago, M., S. P. &. P. R.

WOODROUGH, District Judge.

Appellant, Fullerton Lumber Company, doing business at Kimball, S. D., gave its check on the Lombard. State Bank of that city in payment of freight charges on a carload of coal consigned to it and carried in interstate commerce. The local agent for the railroad company accepted the check as payment and receipted the freight bill. The cheek was not presented for payment to the bank on which it was drawn until after the bank had closed its doors, which was six days after delivery of the check, and consequently it was never paid, although the lumber company had at all…