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COMMUNITY BANK v. ELL

564 P.2d 685 (1977)

278 Or. 417

The COMMUNITY BANK, an Oregon Corporation, Appellant, v. Roy ELL, Dba Ell Motor Company, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 24, 1977.

Rehearing Denied July 20, 1977.

Attorney(s) appearing for the Case

Ferris F. Boothe, of Black, Kendall, Tremaine, Boothe & Higgins, Portland, argued the cause and filed the briefs for appellant.

Leslie M. Roberts, of Kell, Alterman & Runstein, Portland, argued the cause and filed the brief for respondent.

Rehearing Denied July 20, 1977. See 566 P.2d 903.

TONGUE, Justice.

This is an action to recover on four checks totaling $78,610. Plaintiff, Community Bank, is the holder of the checks, which were drawn by defendant Ell. The checks were drawn to the order of R.L. Jones and were deposited by Jones in his checking account at the Community Bank. Community presented the checks to Ell's bank for payment. In the meantime, however...

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