Page:Federal Reporter, 1st Series, Volume 2.djvu/130

 ANDEES8EN ». FIEST NAT. BANK. 128 �value received, and place it to account W. & J., without or as �per advice from. �"N. A. Andressbn & Co. " To the First National Bank, Northjield, Minn, �"In need with Messrs. Wilson dk Jurgens, La Crosse." �The First National Bank, Northfleld, had no funds of the plaintiffs, and vas unknown to them, except as included among the correspondents of Wilson & Jurgens. �Ole Mikkelsen, the payee in the draft, presented it to the drawee September 7, 1878, and an officer of the bank said it ■was ail right, received it, paid $2e upon it, issued a certifi- cate of deposit to the payee for the balance, and made the �foUowing entries in the bank books: �Debit. Credit. September 7, 1878. Certifloate of deposit favor of �Ole Mikkelsen, No.—, - $2700 00 �«« " " Cash paid, -. 24 87 �" «' " Wilson & Jurgens, draft for- �warded for collection, $2724 87 �September 9, 1878. Draft was intercepted and handed to Batavia Bank, La Crosse, for protest. September 10, 1878. Certifloate of deposit with- drawn and cancelled, and receipt given for collection. "W. & J. draft returned, . $2724 87 �Certiflcate deposited, account �cancelled, - - $2700 00 �Bills receivable, Mikkelsen note, - - - 24 87 �The draft was sent to Wilson & Jurgens by the First National Bank, with a request to send gold draft on New York for amount, and on discovery of Wilson & Jurgens' bank- ruptey it was subsequently intercepted at La Crosse, and the Batavia Bank, having no interest in it, caused it to be pro- tested at the instance of the First National Bank of North- fleld. �The plaintiffs had ample means, some $4,500, on deposit with Wilson & Jurgens when this draft was drawn. On August 29, 18T8, Wilson & Jurgens were adjudged bankrupts. Their assets were in the hands of an assignee at the time the draft was presented for payment by the Batavia Bank. ����