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THOMPSON POULTRY v. FIRST NAT. BANK OF YORK

No. 41070.

255 N.W.2d 856 (1977)

199 Neb. 8

THOMPSON POULTRY, INC., Appellant, v. FIRST NATIONAL BANK OF YORK, Appellee.

Supreme Court of Nebraska.

July 13, 1977.

Attorney(s) appearing for the Case

Barlow, Johnson, DeMars & Flodman and Stephen L. Ahl, Lincoln, for appellant.

Ginsburg, Rosenberg, Ginsburg & Krivosha and R. P. Cathcart, Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ.

BOSLAUGH, Justice.

This is an action on a "Bank Money Order" drawn on the defendant bank and payable to the plaintiff. The money order was purchased by S & H Poultry, Inc., on February 9, 1973, and delivered to the plaintiff in payment for a load of poultry products. After S & H had received the poultry from the plaintiff it decided to go out of business and returned the poultry to the plaintiff later that same day. When the defendant refused to honor the...

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