Armourdale State Bank v. Hoel

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by the Armourdale State Bank against J. A. Hoel, in which it asked a recovery against the defendant for having wrongfully and fraudulently procured the cashing of a check upon which payment had been stopped by the drawer, and of which stoppage of payment the defendant had knowledge.

There was testimony to the effect that in a transaction between a depositor of the bank named Heeter and defendant Hoel, Heeter gave Hoel a check for $1,000. The check was given late in the *131afternoon and was presented by an agent of…