Deones v. Zeches

Loring, Justice.

Action against the Merchants Bank of Winona on a cashier’s check for $500 drawn by the bank payable to plaintiff. The bank answered and moved to be permitted to pay the $500 into court and to have substituted as defendant one Zeches, who had purchased the check from the bank and who claimed the proceeds, and that the bank be discharged as a party to the action. Plaintiff demurred to the answer but did not notice it for hearing. The bank’s motion was heard and granted. Zeches answered, and plaintiff proceeded to litigate the question whether he or Zeches was entitled to the…