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FIRST NAT. BANK v. FIRST UTAH NAT. BANK

No. 6927.

15 F.2d 913 (1926)

FIRST NAT. BANK OF RIGBY, IDAHO, v. FIRST UTAH NAT. BANK OF OGDEN, UTAH.

Circuit Court of Appeals, Eighth Circuit.

November 12, 1926.

Attorney(s) appearing for the Case

J. H. Peterson and T. C. Coffin, both of Pocatello, Idaho, for plaintiff in error.

J. H. De Vine, J. A. Howell, David L. Stine, and R. C. Gwilliam, all of Ogden, Utah, for defendant in error.

Before STONE and VAN VALKENBURGH, Circuit Judges, and WILLIAMS, District Judge.

WILLIAMS, District Judge (after stating the facts as above).

Under controlling authority in federal courts upon the deposit of paper unrestrictedly indorsed and credit of the amount to the depositor's account, the bank becomes the owner of the paper, notwithstanding a custom or agreement to charge such paper back to the depositor in event of dishonor; such agreement evidenced by following indorsement on the deposit or credit slip: "Outside checks credited subject...

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