Railway Express Agency, Inc. v. Thomas

KNIGHT, District Judge.

Defendant Ben Levin was engaged in business in the city of Detroit, Mich., under the name of Tilben Cutlery Company. On the morning of February 11,1933, a shipment of goods was delivered to him by the Railway Express Agency, Inc. Payment for the goods was made by means of a cheek for $719.51, on the First National Bank-Detroit, Mich., drawn to the order of the Railway Express Agency. The bank closed at 12 o’clock of the same day, and has not reopened for business.

The plaintiff asserts that at the time of *346delivery the cheek of defendant had been certified by the bank.…