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CITIZENS BANK OF BOONEVILLE v. NATIONAL BANK OF COMMERCE

No. 7449.

334 F.2d 257 (1964)

CITIZENS BANK, BOONEVILLE, ARKANSAS, Appellant, v. NATIONAL BANK OF COMMERCE, TULSA, OKLAHOMA, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 25, 1964.

Attorney(s) appearing for the Case

David H. Sanders, Tulsa, Okla. (Bert M. McElroy and Fred A. Smith, Tulsa, Okl., with him on the brief), for appellant.

James C. Pinkerton, Tulsa, Okl. (Carl Pinkerton, Tulsa, Okl., with him on the brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

MURRAH, Chief Judge.

This is a suit on a dishonored cashiers check, brought by the Arkansas-payee-bank against the Oklahoma-maker-bank. The cashiers check was issued in payment of a forged check drawn on the Oklahoma bank. The defense is that, in the circumstances of this case, the cashiers check was issued without consideration and in reliance upon the implied representation of the presenting bank that the forged check, and its indorsement by the payee, were genuine...

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