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BANK OF AMERICA v. BUTTERFIELD

No. 9667.

88 N.W.2d 909 (1958)

BANK OF AMERICA, a corporation, Plaintiff and Appellant, v. Vernon H. BUTTERFIELD and Laura E. Butterfield, husband and wife, Defendants and Respondents.

Supreme Court of South Dakota.

March 21, 1958.

Attorney(s) appearing for the Case

Temmey & Luby, Huron, for appellant.

Royhl, Benson & Beach, Huron, for respondents.

RENTTO, Presiding Judge.

This action concerns the liability of the defendants to the plaintiff bank on their indorsement of a draft paid to them as payees but which the drawer refused to honor on its presentation by the plaintiff drawee.

The defendants are long-time residents of Huron, South Dakota. On or about January 23, 1953, Mr. Butterfield received a letter from one Lloyd M. Wampler containing the following statement: "In checking the official records...

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