Barke v. Comstock State Bank

Defendant appealed from a judgment.

In the spring of 1920 plaintiff sent to defendant, of which her brother Eugene Askegaard was cashier, $1,250 to invest for her. Defendant then held a $1,300 note against one Erickson. The bank records show this note was paid on April 19, 1920. The accrued interest was $97.50. It is conceded that the note was paid by one note for $147.50 which the bank retained and by another note for $1,250 which was the amount of plaintiff’s money. The larger note remained in the possession of the bank and was renewed on October 27, 1921, in the sum of $1,300 including $50…