Eakin v. Citizens' State Bank

The opinion of the court was delivered by

Mason, J. :

A. T. Eakin sued the Citizens’ State Bank of Ness City on its promise, by a telegram dated September 21, 1901, to pay a check on it for $130, given him by Howder & Hall on June 3, 1901. The district court sustained a demurrer to the petition, ontthe ground that under the provisions of section 548 of the General Statutes of 1901 such an action would not lie except in favor of one who received the check for a valuable consideration on the faith of the acceptance. This section and the one preceding it, to which it makes reference,- read as…