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  5. 207 N.W.2d 282 (1973)
 

ELDON'S SUP. FRESH STORES, INC., v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

No. 43682.

207 N.W.2d 282 (1973)

ELDON'S SUPER FRESH STORES, INC., Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant and Third-Party Plaintiff, Respondent, v. William DREXLER, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

April 27, 1973.

Attorney(s) appearing for the Case

William J. Nierengarten, Austin, for appellant.

Doherty, Rumble & Butler, Frank Claybourne, and Bruce E. Hanson, St. Paul, for Merrill Lynch, etc.

William Drexler, pro se.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, and OLSON, JJ.

O. RUSSELL OLSON, Justice.*

Plaintiff, drawer of a check payable to defendant Merrill Lynch, Pierce, Fenner & Smith, Inc., appeals from a summary judgment entered in favor of defendant. The appeal raises the issue of whether the payee was, as a matter of law, a holder in due course and thus not subject to the drawer's claim that the check, possession of which it gave to its agent, was wrongfully delivered to defendant-payee in payment...

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