Hope Vacuum Cleaner Co. v. Commercial National Bank

The opinion of the court was delivered by

Burch, J.:

The action was one to recover the proceeds of a check collected by the defendant, drawn to plaintiff’s order and indorsed to the defendant by an agent of the plaintiff who had no authority to make the indorsement. A demurrer was sustained to the plaintiff’s evidence and it appeals.

The plaintiff is a corporation of the state of Missouri, and previous to the transaction out of which the litigation arose was engaged in manufacturing and selling vacuum cleaners. Matt Berryhill was employed to sell and install the plaintiff’s product. He sold a…