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  5. 368 N.W.2d 596 (1985)
 

CORN EXCHANGE BANK v. TRI-STATE LIVESTOCK

Nos. 14366, 14441 and 14443.

368 N.W.2d 596 (1985)

CORN EXCHANGE BANK, Plaintiff and Appellee, v. TRI-STATE LIVESTOCK AUCTION CO., INC., Defendant and Appellant, and Elkton Livestock, Inc.; Sirloin, Inc.; and David Mulso, Defendants.

Supreme Court of South Dakota.

Decided May 22, 1985.

Attorney(s) appearing for the Case

Michael F. Pieplow of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellee.

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant.

KONENKAMP, Circuit Judge.

This appeal arises from a civil action brought by appellee, Corn Exchange Bank (Bank), to recover the amount of three checks drawn on the account of appellant, Tri-State Livestock Auction Co., Inc. (Tri-State). Bank claimed that it was a holder in due course of the checks. After a four day trial, the jury returned a verdict in favor of Bank.

The checks in question, drawn on the Northwestern State Bank of Orange City, Iowa (Northwestern...

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