Tobiason v. First State Bank of Ashby

Wilson, O. J.

Plaintiff appealed from a judgment. He was indebted to defendant on two promissory notes for $200 and $100. On December. 15, 1923, he gave defendant his check for $311.85 including interest, drawn on the Farmers State Bank of Ashby wherein he had a checking balance of $510.85. Upon receipt of the check defendant stamped the two notes “paid” and gave them to plaintiff. Defendant surrendered the check with some others to the bank on which it was drawn and accepted a draft for the total amount of the checks presented. The check was stamped “paid” and charged to plaintiff’s account.

Be…