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BOHLIG v. FIRST NATIONAL BANK IN WADENA

No. 35,260.

233 Minn. 523 (1951)

ERVIN BOHLIG v. FIRST NATIONAL BANK IN WADENA AND ANOTHER.

Supreme Court of Minnesota.

April 13, 1951.

Attorney(s) appearing for the Case

Hugh G. Parker, Clifford G. Nelson, and O'Brien, Horn, Stringer, Seymour & O'Connor, for appellant.

Gordon Rosenmeier, for respondent.

Fowler, Youngquist, Furber, Taney & Johnson and Dorsey, Colman, Barker, Scott & Barber, counsel for Minnesota Bankers Association, and Sigurd Ueland, counsel for Federal Reserve Bank of Minneapolis, filed a brief as amici curiae in support of the petition for rehearing.

LORING, CHIEF JUSTICE.

This is an action by the drawer of a check to recover damages resulting from the drawee bank's failure to comply with stop orders given by the drawer with reference to a $5,000 check.2 The case was tried without a jury, and the court ordered judgment for plaintiff. Defendant moved for amended findings of fact and conclusions of law or for a new trial, and the motion was denied. Defendant has appealed from the order...

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