Russell v. Maxson Sales Co.

Livestock, having received credit from the Bank [McDonald County Bank] for the $13,288.52 settlement payment of Maxson, brought this action to recover from Maxson $16,002.34 — the unpaid balance on Maxson’s $29,290.86 check to Paul Durbin [Durbin]. Livestock- claims to be a holder in due course of that check which, it alleges, was “endorsed and delivered” to it “for value” when Durbin’s wife, Donna, deposited the check in the Bank, along with another for $9,262.43, with her signed instruction to credit Livestock’s account for $38,145.06. The check, when deposited, bore Paul Dur-bin’s blank…