Semingson v. Stock Yards National Bank

Lees, C.

Action to recover the amount of a check received by defendant for collection for plaintiff.

The court directed a verdict for defendant and plaintiff has appealed from the denial of his alternative motion for judgment or a new trial.

Plaintiff is a cattle buyer at Crosby, North Dakota. He opened an account with defendant on October 29, 1923, and made a deposit and received a pass book. On November 3, 1923, he wrote to defendant, as follows:

“Inclose you will find draft for $1,063.42, and one check for $1,025.00, makes a total of $2,088.42; kindly send me credit slip for same. I do not…