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ASHLEY STATE BANK v. CITY NAT. BANK

No. 8281.

32 F.2d 166 (1929)

ASHLEY STATE BANK OF ASHLEY, N. D., v. CITY NAT. BANK OF BISMARCK, N. D., et al.

Circuit Court of Appeals, Eighth Circuit.

April 20, 1929.

Attorney(s) appearing for the Case

Francis Murphy, of Fargo, N. D. (W. S. Lauder and Max W. Lauder, both of Wahpeton, N. D., and W. H. Shure, of Fargo, N. D., on the brief), for appellant.

J. A. Hyland, of Bismarck, N. D. (C. L. Foster, of Bismarck, N. D., on the brief), for appellees.

Before STONE, LEWIS, and COTTERAL, Circuit Judges.

LEWIS, Circuit Judge.

Appellant was the owner of an interest-bearing certificate of deposit issued for the sum of $7,450.00 by the First State Bank of Wishek, North Dakota, which fell due on October 12, 1926. On that day it forwarded the certificate to the City National Bank of Bismarck, N. D., enclosed in a letter in which it said: "We enclose for collection and credit." The certificate was endorsed:

"Pay City National Bank Bismarck N. Dak. or order.

...

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