Ortmann v. First National Bank

Campbell, J".

Plaintiff brought trover for a note appropriated by defendant under the following circumstances : On the 6th of June, 1879, plaintiff entered into a written contract to buy a large tract of land from defendant for $12,000, payable $4000 down and the remainder in one and two years, with interest at 7 per cent. Being desirous *58of getting 30 days’ time on the first payment, the papers were left in escrow with Mr. Wing, and plaintiff put ,in the hands of Gen. Spaulding, who was cashier of the bank, the note in question for $566.36, made by Charles Lee to plaintiff’s order, dated…