#### E. B. Dick, appellant, v. First National Bank, appellee.

Action by bank to recover amount of a draft made upon it against proceeds of sale of a stock certificate deposited for sale, but the transfer of which on the company’s books was prevented by the drawer’s transferrer subsequent to the payment of the draft. Judgment for defendant. Appeal from the Circuit Court of Franklin county; the Hon. C. H. Miller, Judge, presiding. Heard in this court at the October term, 1922.

Affirmed.

Opinion filed January 26, 1923.

Carl Choisser and H. F. Knox, for appellant. William H. Hart, William W. Hart and Marion M. Hart, for appellee.

Mr. Justice Higbee

delivered the opinion of the court.