Mendell v. Union State Bank

The opinion of the court was delivered by

Thiele, J.:

This was an action for recovery of money from a bank based on its alleged acceptance of an order to pay money to the holder.

After the petition had been filed and the defendant had answered both parties moved for judgment on the pleadings. The trial court expressed its perplexity in deciding the action on such basis, but after consideration, rendered judgment in favor of the plaintiff, and defendant appeals.

The principal difference between the parties is as to whether the order to pay was accepted by the bank or merely left there by the…