Chamberlain Metal, Weather Strip Co. v. Bank of Pleasanton

The opinion of the court was delivered by

Dawson, J.:

The Chamberlain Metal Company performed certain services and furnished certain materials for Mrs. S. J. Ellis and she gave her check on the Bank of Pleasanton for $134 in favor of the company in payment therefor. Mrs. Ellis delivered the check to Sprague T. Haskell who indorsed it in the name of the company, “by Sprague T. Haskell, Agt.,” and he presented it to the bank and received the money thereon. Haskell did not pay over the money to the plaintiff company, and it brings this action against the bank alleging these facts, and alleging,…