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ST. CLOUD NAT. BK. v. SOBANIA CONST. CO.

No. 44359.

224 N.W.2d 746 (1974)

ST. CLOUD NATIONAL BANK & TRUST CO., Respondent, v. SOBANIA CONSTRUCTION CO., INC., Defendant. McGlynn-Garmaker Company, Appellant.

Supreme Court of Minnesota.

November 1, 1974.

Attorney(s) appearing for the Case

Feinberg, Mirviss, Meyers & Schumacher, and George G. Seltz, Minneapolis, for appellant.

Roger R. Schmitt, St. Cloud, for respondent.

Heard before SHERAN, C. J., and PETERSON, KELLY, and YETKA, JJ., and considered and decided by the court en banc.

PER CURIAM.

This action was brought by St. Cloud National Bank & Trust Co. (hereafter plaintiff) to recover moneys advanced against a check which was deposited with the bank for collection but was later dishonored. The main issue is whether the bank is protected, as a holder in due course, for advances made to its depositor before the check cleared. Plaintiff sought and obtained summary judgment against the drawer who stopped payment on the check. We affirm.<...

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