Miles City Bank v. Askin

Action for recovery on a cheek alleged to have been drawn by the defendant on the Bank of Baker, Montana, payment of which was stopped by defendant. From an adverse judgment, defendant appeals.

The complaint alleges the execution and delivery, by defend ant, to J. W. Clark, of a check in the amount of $5,000, dated January 6, 1945, drawn on the Bank of Baker, the negotiation of such check, on the same day, to plaintiff; that plaintiff bank, in the usual course of its business, cashed the check and paid the drawee the amount thereof, since which date plaintiff has been the owner and holder…