SANBORN, District Judge.
On December 19, 1928, the treasurer of Clay county issued a check payable to Eugene Askegaard, treasurer of district 69, for $6,297.22. On the same day, Mr. Askegaard indorsed this check and deposited it with the Comstock State Bank. On the deposit slip was this notation: "All checks and drafts credited subject to payment." The check was credited to the account of the defendant treasurer at the bank, and took up an overdraft of some $352....
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