EATINGER v. FIRST NAT. BANK OF LEWISTON

No. 82-04.

649 P.2d 1253 (1982)

Ruth H. EATINGER, Plaintiff and Appellant, v. FIRST NATIONAL BANK OF LEWISTOWN, a National Banking Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided August 11, 1982.

Rehearing Denied September 2, 1982.


Attorney(s) appearing for the Case

K. Robert Foster argued, Lewistown, for plaintiff and appellant.

Peter L. Rapkoch argued, Lewistown, for defendant and respondent.


HASWELL, Chief Justice.

In an action by a depositor against a bank for conversion of two checks, the jury returned a verdict in favor of the bank and judgment was entered thereon. Following denial of her motion for a new trial, the depositor appeals. We reverse.

On August 4, 1976, plaintiff Eatinger drew a check on her account at defendant First National Bank of Lewistown in the amount of $7,128.32. She gave the check to Ervan Glover, a contractor working...

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