Montgomery Ward Co. v. Inc. v. Central Co-Op. Assn.

Gallagher, Chief Justice.

One T. A. Hoff, a farmer, consigned several head of cattle to defendant, a commission house at South St. Paul. The cattle were sold, and a check payable to T. A. Hoff for $252 in part payment of the net proceeds due him from the sale was made by defendant. It is the custom among livestock commission houses to deliver such checks to shippers over the counter at their offices when the shipper is identified or vouched for by the truck driver by whom shipment was made. Mr. Hoff had done business with defendant for many years and was known to defendant’s manager and…