Commercial Investment Trust v. Lundgren-Wittensten Co.

Plaintiff appealed from an order denying, its motion for a new trial. The action is in replevin, but the controversy relates to whether a draft was received and retained by plaintiff under such circumstances as to constitute payment.

Defendant owed plaintiff the sum of $1,044.25, secured by certain Star motor vehicles, and an item of $25 termed “attorney’s fees.” On October 20, 1925, at the. instance of defendant, the Warren National Bank of Warren, Minnesota, issued its draft on the First National Bank of Minneapolis for $576.85 to Olson & Hage, who indorsed it in blank (their connection with…