Because of failure of consideration the defendant stopped payment of a check deposited with the plaintiff bank, which before receiving notice of the stop order had permitted the payee-depositor to withdraw the amount represented by the check. The trial court entered judgment for the defendant. Reversed and rendered. The court stated, inter alia, that the defendant had the burden of establishing that the bank "had not become a party thereto for value."
Frank W. Elliott,
Notes - Banks and Banking—Bills and Notes—Rights of Depositary Bank Against Drawer of Check.—City State Bank v. Lummus,
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