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WILLOW CITY FARMERS ELEVATOR v. VOGEL, VOGEL, BRANTNER & KELLY

Civ. No. 9416-A.

268 N.W.2d 762 (1978)

WILLOW CITY FARMERS ELEVATOR, Plaintiff and Appellee, v. VOGEL, VOGEL, BRANTNER & KELLY, Defendants and Appellants, and Pioneer State Bank, Towner, North Dakota, First State Bank of New Rockford, State Bank of Bottineau and Hayden Thompson, Defendants and Appellees.

Supreme Court of North Dakota.

July 13, 1978.

Attorney(s) appearing for the Case

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for defendants and appellants; argued by Kermit Edward Bye, Fargo.

Pringle & Herigstad, Minot, for plaintiff and appellee; argued by Herbert L. Meschke, Minot.

Lamb, Schaefer & McNair, Fargo, for Pioneer State Bank.

Mattson, Williams & Hovey, New Rockford, for First State Bank of New Rockford.

PEDERSON, Justice.

This appeal involves a determination of priority to deposited funds. The Willow City Farmers Elevator sold Hayden Thompson some feed for his hogs. Thompson "paid" the elevator by a personal check in the amount of $30,000 drawn on his deposit account in the Pioneer State Bank of Towner. The check was dated November 16, 1976, and, at that time, there was a $31,707.86 balance in Thompson's checking account. Before the check was presented for payment...

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