First National Bank v. Bannister

The opinion of the court was delivered by

Dennison, P. J. :

This action was commenced before a justice of the peac¿ in Barton county, and appealed to the district court.

The defendant in error, Bannister, sought to recover a judgment against the bank for the purchase price of1 *788422 bushels of wheat at the agreed price of fifty cents per bushel.

The bill of particulars alleges that the plaintiff below sold to the bank, at its special instance and request, certain wheat, and át its special instance and request delivered the wheat to one John W. Pascoe.

The bank, as defendant below, demurred to…