First National Bank v. Commercial Savings Bank

*607The opinion of the court was delivered by

Burch, J.:

J. F. Donald, having funds on deposit with the First National Bank of Atchison, Kan., drew a check upon it for $850, payable to Maria C.' Donald or bearer, which he delivered to the payee. The payee indorsed and delivered the check to C. B. Bennett, who in turn indorsed and delivered it to the Commercial Savings Bank, of Adrian, Mich. Donald stopped payment of the check before it was presented for payment, and the Michigan bank sued the Kansas bank for the face of the check and interest, claiming it had been accepted in writing, and that it…