McCOOK COUNTY NAT. BANK v. COMPTON

No. 76-1785.

558 F.2d 871 (1977)

McCOOK COUNTY NATIONAL BANK, a corporation, Appellant, v. Bruce COMPTON and D. W. Godfrey, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 17, 1977.


Attorney(s) appearing for the Case

E. Steeves Smith (argued), Tinan, Carlson, Padrnos & Smith, Mitchell, S. D., on brief, for appellant.

Vance Goldammer, Sioux Falls, S. D., argued, for appellees; Robert J. McDowell, Sioux Falls, S. D., on brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, and BRIGHT and ROSS, Circuit Judges.


ROSS, Circuit Judge.

This appeal arises from a civil action brought by the appellant, McCook County National Bank (McCook) to recover the amount of a check drawn on the account of appellee Compton, signed by appellee Godfrey, and cashed by McCook; but on which check Compton and Godfrey subsequently stopped payment. The district court found that McCook was not a holder in due course and hence not entitled to recovery. For the reasons stated below, we reverse.

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