Greenleaf State Bank v. Monteith

The opinion of the court was delivered by

Price, J.:

This was an action by the payee of a check to recover the amount thereof, payment upon which was stopped by the defendant maker. Judgment was for defendant and plaintiff has appealed.

The facts are very simple and are summarized as follow:

On January 12, 1951, one Preston held a farm auction sale. It was on the usual basis, “Cash — No property removed until settled for.” Defendant Monteith, an implement dealer and farmer at Waterville, attended the sale and bid in a calf for $134. The Green-leaf State Bank, by its cashier, Mericle, was clerk of…