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INVESTMENT SERV. CO. v. MARTIN BROS. CON. & T. PR.

465 P.2d 868 (1970)

INVESTMENT SERVICE CO., an Oregon Corporation, Appellant, v. MARTIN BROS. CONTAINER & TIMBER PRODUCTS CORP., an Ohio Corporation, Respondent.

Supreme Court of Oregon.

Decided February 27, 1970.

Attorney(s) appearing for the Case

Phillip D. Chadsey, Portland, argued the cause for appellant. With him on the briefs were Davies, Biggs, Strayer, Stoel & Boley and William M. McAllister, Portland.

Edward M. Murphy, Roseburg, argued the cause for respondent. On the brief were Stults, Jayne, Murphy & Anderson, Roseburg.

Before PERRY, C.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

DENECKE, Justice.

The plaintiff, the assignee of the depositary bank, brought this action against the drawer of a dishonored check. The payee of a check made by the defendant drawer deposited the check in the depositary bank, which, in turn paid checks drawn by payee on its account against the balance created by the deposit of drawer's check. The drawer sent a timely stop-payment order to the payor bank who, therefore, refused to honor the check when the depositary...

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