Mutual Trust Co. v. Parrish

Opinion by

Mr. Justice Simpson,

Plaintiff sued defendants to recover the amount of a check for $12,900, given by the latter to Danser & Co., who had endorsed and deposited it with plaintiff, but which was refused payment, when presented to the bank upon which it was drawn. There were no facts' in dispute; the court below directed a verdict for plaintiff for the full amount of its claim; judgment was entered thereon and defendants appeal.

The consideration for the check in suit, was the proceeds of the sale by defendants, for Danser & Co., of cer*424tain securities belonging to the latter. Although…