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Abstract

Defendant bank agreed to honor checks drawn by a cattle buyer and carry them as cash items until funds were deposited from sales of stock. During an illness of the buyer the bank authorized buyer's agent to continue the practice, without informing said agent of large overdrafts on the account. The agent ordered the bank to draw a sight draft on a Chicago commission house and credit it to the account for the purpose of covering, among others, a check given to plaintiff, who apparently knew nothing of the arrangement between the drawer and drawee. The bank, however, applied the proceeds of the draft on buyer's debt to the bank and refused to honor plaintiff's check. Held, defendant bank impliedly contracted to pay all checks drawn by the agent for the purchase of stock regardless of the sufficiency of buyer's account. Plaintiff is entitled to recover the amount of the check. Pascoe v. Franklin County State Bank, 217 Iowa 205, 251 N. W. 63 (1933).

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