Rounds v. Bucher

This is an action for false imprisonment brought by the plaintiff against the sheriff of Fergus County and the surety on his official bond. At the conclusion of plaintiff’s case, the defendants made a motion for nonsuit which was sustained by the district court. This appeal is from the judgment of dismissal.

On October 20, 1956, plaintiff sent a check to Eck’s Pharmacy, Lewistown, Montana, in payment for certain drugs which he had ordered. This check was signed “Robt. M. Rounds” and was drawn on the Midland National Bank of Billings, Montana. Plaintiff testified that he had funds in the bank…