Jacobsen

This is an appeal from a judgment in favor of the defendant, Western Meat Company, and against the defendants, Taylor & Rosecrans, in an action in interpleader.

Briefly, the facts of the case are these: Taylor & Rosecrans, at the time the transaction here involved took place, were copartners engaged in the livestock business in the state of Idaho, as also was the defendant Jacobsen, their respective places of business, however, not being in the same locality. Shortly before the tenth day of June, 1915, Jacobsen, by telephone, purchased from Taylor & Rosecrans three carloads of hogs at an agreed price, the hogs to be delivered at a certain place in Idaho, where Jacobsen or his agent was to receive them and make payment therefor by check. Accordingly the hogs were delivered and a check for $3,490.98 was given in payment by Jacobsen’s agent, the delivery of the check taking place at midnight on said June 10th. Before noon of the following day it was deposited for collection with the firm’s bank at Burley, Idaho., It reached the bank in Idaho Falls on which it was drawn three days later, i. e., Monday, June 14th, when payment was refused for lack of funds. As is apparent, Saturday…