Gruenther v. Bank of Monkoe

For the following reasons, I cannot concur in the majority opinion: The plaintiff testifies that before accepting the check he talked over the telephone with the defendant’s cashier, a Mr. Hill, and told him that. Beck-with was about to give a check on the defendant, and asked if it was good, to which Hill, after an interval, responded that Beckwith had sufficient credit to protect the check, and that Hill, in response to the plaintiff’s statement that he would take the check, responded, “All right,” or something to that effect. This conversation was plainly insufficient to create any…