Kenneth H. Winchell v. The Moffat County State Bank, a Corporation

BREITENSTEIN, Circuit Judge.

Appellant-plaintiff Winchell sued to recover a deposit made with the appellee-defendant, The Moffat County State Bank, under the trade name of Premier Mineral Upgrading Co. The Moffat bank permitted the deposit to be checked out by others using the same trade name. 'The trial court denied recovery on the .ground that the Moffat bank was authorized to honor the checks. Jurisdiction is based on diversity.

Some time prior to August 1, 1957, plaintiff met three promoters named Sivils, Thompson and Eneff, who interested bim in a “uranium upgrading machine.” Plaintiff…