DAKOTA TRANS. & STOR. CO. v. MERCHANTS NAT. BK. & TRUST CO.

No. 7689.

86 N.W.2d 639 (1957)

DAKOTA TRANSFER & STORAGE COMPANY, a Corporation, Plaintiff and Appellant, v. The MERCHANTS NATIONAL BANK & TRUST COMPANY, a Corporation, Defendant and Respondent.

Supreme Court of North Dakota.

December 9, 1957.


Attorney(s) appearing for the Case

Cupler, Tenneson & Serkland, Fargo, for appellant.

Nilles, Oehlert & Nilles, Fargo, for respondents.


SATHRE, Judge.

The plaintiff, a foreign corporation, brought this action against the defendant, a national banking corporation organized under the National Banking Act, 12 U.S. C.A. § 21 et seq., to recover $1,070.71 on a cashier's check issued by the defendant bank to the plaintiff on the 7th day of August 1952 upon which cashier's check the defendant had stopped payment on the ground that it received no consideration therefor. The case was tried in the district...

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