Barnes v. Cherry Creek National Bank of Denver

Opinion by

Mr. Chief Justice Moore.

J. Y. Barnes and Portland Cement Association, hereinafter referred to as Portland, brought an action in the trial court against the defendant in error, hereinafter referred to as the bank, seeking recovery of moneys paid out by the bank under the. following circumstances, none of which are in dispute. These admitted facts as set forth in the pre-trial order are as follows:

“Plaintiff, J. Y. Barnes, was the payee of check #4405 of Portland Cement Association, dated October 7, 1963, for $5,088.70. That the funds represented by said check were at all times the…