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HAYES v. TOOTLE-LACY NAT. BANK

No. 1004.

72 F.2d 429 (1934)

HAYES v. TOOTLE-LACY NAT. BANK et al.

Circuit Court of Appeals, Tenth Circuit.

July 27, 1934.

Attorney(s) appearing for the Case

E. R. Sloan and Albert M. Cole, both of Holton, Kan., for appellant.

John L. Hunt, of Topeka, Kan. (Bennett R. Wheeler, S. M. Brewster, Margaret McGurnaghan, and Ralph M. Hope, all of Topeka, Kan., on the brief), for appellee Central Nat. Bank.

Brown, Douglas & Brown, of St. Joseph, Mo., for appellee Tootle-Lacy Nat. Bank.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

McDERMOTT, Circuit Judge.

The First National Bank of Holton, Kansas, which failed on May 22, 1931, was a depositor of The Tootle-Lacy National Bank of St. Joseph, Missouri. The Central National Bank of Topeka, Kansas, was another customer of the St. Joseph Bank. On May 14, the Topeka bank sent to the St. Joseph bank for collection a cashier's check of the Holton bank for $2,138.26. The St. Joseph bank sent this check, along with other items aggregating $3,948.35,...

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