Page:Federal Reporter, 1st Series, Volume 3.djvu/265

 ;258 FEDEBiti REPORTES. �"Pay to the order of Mastin Bank. For collection. Account of Hetherington, Exchange Bank, Atchison, Kansas." �By letter enclosing said checks the Mastin Bank -was re- quested to receive the Bame "for collection and credit." �4. The Mastin Bank sent said checks by mail to the defend- ant, with a letter stating the same to be for collection and credit, and the defendant, before 9 o'clock a. m. of August 3d, credited the amount of said checks to the Mastin Bank, cancelled, and placed them on the "sticker," and on the same day charged the amount thereof to the drawers thereof. �5. The Mastin Bank did business as a bank on August 2d, but failed, and did not open its doors on August 3d. �6. The parties through whose hands said checks passed, after they were indorsed to plaintiff, were ail bankers, and doing business as collecting agents. �7. When plaintiff sent the checks to Hetherington & Co. they charged the amount thereof to them, and, upon receipt of the checks, Hetherington & Co. credited the amount thereof to plaintiff. �8. In like manner Hetherington & Co., upon transmitting said checks to the Mastin Bank, charged the amount thereof to the latter, and, upon receiving the checks on the first of August, the Mastin Bank credited the amount of them to Hetherington & Co. �9. The Mastin Bank, on the third of August, made an assignment of ail its effects to Kersey Coats, as assignee, for the benefit of its creditors. �10. The Mastin Bank was largely indebted to defendant when it failed, and the defendant, having collected the checks, applied the amount upon said indebtedness. �11. The plaintiff and Hetherington & Co. were, and for a long time had been, correspondents, as had been Hethering- ton & Co. and the Mastin Bank, and the Mastin Bank and defendant. The transactions, charges, and credits were in the usual course of business. �12. In March, 1879, the plaintiff credited back on the bocks, to Hetherington & Co., the amount of these checks. �13. Hetherington & Co. proved their claim against the ����