Chamberlain Metal Weather-strip Co. v. Bank of Pleasanton

The opinion of the court was delivered by

Marshall, J.:

The plaintiff appeals from an order granting a new trial. This is the second time this action has been in this court. (Chamberlain Co. v. Bank, 98 Kan. 611, 160 Pac. 1138.) The plaintiff commenced the action to recover from the defendant the amount named in a check on the defendant bank, signed by Mrs. S. J. Ellis, and made payable to the plaintiff. The check was delivered to Sprague T. Haskell and was indorsed and signed by him, and he received the money thereon. He had taken an order from Mrs. Ellis for metal weather-strips to be placed…