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1. The St. Louis & San Francisco Railway Company deposited a draft for $17,835 with the Marine National Bank for collection on May 5, 1884. 2. The Marine National Bank was insolvent at the time it received the draft but did not disclose this to the Railway Company. 3. The Bank transmitted the draft to another bank for collection but closed its doors on May 6, 1884 before the proceeds could be returned. The receiver of the Bank retained the proceeds and the Railway Company sued to recover the funds, arguin

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