Goeken v. Bank of Palmer

The opinion of the court was delivered by

Johnston, C. J.:

Action by Charley Goeken to recover from the Bank of Palmer upon a transaction in which a check issued by Theodore Schuette in payment of live stock purchased from plaintiff, which check was not paid by the bank on presentation. Defendant admits the presentation and re-, fusal of the check, but alleges that it was not presented in due course, nor until there were no funds in the bank to the credit of Schuette. It was deposited in a Clifton bank about three days after issuance, and reached the defendant bank about a week after it was…