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MOTT GRAIN CO. v. FIRST NAT. BANK & TRUST CO.

Civ. No. 9355.

259 N.W.2d 667 (1977)

MOTT GRAIN COMPANY, Plaintiff and Appellee, v. FIRST NATIONAL BANK & TRUST COMPANY OF BISMARCK, Defendant and Appellant.

Supreme Court of North Dakota.

November 10, 1977.

Attorney(s) appearing for the Case

Ward M. Kirby, of Mackoff, Kellogg, Kirby & Kloster, Dickinson, for plaintiff and appellee.

Orell D. Schmitz, Bismarck, for defendant and appellant.

VOGEL, Justice.

The First National Bank and Trust Company of Bismarck appeals from a judgment holding it liable for the face amount of 17 checks, totaling $40,520.93, which were the property of Mott Grain Company. The checks were endorsed, without authority, by Vernon Baszler, the manager and one of the three owners in equal shares of Mott Grain Company, and converted to his own use. Nine of the checks had restrictive endorsements such as "Mott Grain Co./Vernon Baszler...

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