Commercial Investment Co. v. Citizens State Bank

Plaintiff seeks to recover on four checks drawn on the defendant bank by Harland Lunt, under the trade name of Lunt Sales Agency. Upon trial to the court, without the aid of jury, plaintiff obtained judgment for the sum of $3,193.16. Defendant has appealed.

The pleaded defense is that when defendant received the checks the drawer thereof did not have sufficient funds on deposit with it to pay them; that in accordance with the practice of defendant, known and approved by plaintiff, it retained the checks for collection; that the checks were not paid or collected and that by error or mistake the…