Cobe v. Coughlin Hardware Co.

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by Ira M. 'Cobe, as assignee of the receiver of the insolvent First National Bank of Topeka, against the Coughlin Hardware Company, to recover $4000 alleged to have been •due the bank ° for ' money obtained from it by the hardware company. It was alleged and shown that on May 20, 1905, the books of the bank disclosed that the Coughlin Hardware Company had overdrawn its account to the amount of $1344.18, and that upon that ■date a demand note for $1500, payable to the bank and :signed “Coughlin Hdw. Co., by Chas.…