Lumber Co. v. . Childerhose

This is an action to recover damages accruing upon a contract for the sale of hay, bought by the plaintiffs from Childerhose Pratt, in which the proceeds of two drafts, drawn by Childerhose Pratt on the plaintiff and paid by it, were attached in the hands of the Peoples Bank of New Bern.

The Bank of Ottawa intervened, alleging that it was the owner of the proceeds of the drafts, and the only issue in controversy is as to ownership, raised by the interplea.

The drafts were introduced in evidence, and on each was the word "collection."(35) T. A. Uzzell testified for the plaintiff: "I am cashier…