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Michigan Law Review

Journal

1933

Forgeries

Articles 1 - 3 of 3

Full-Text Articles in Law

Banks And Banking-Liability Of Drawee Bank For Payment On Forged Indorsement Dec 1933

Banks And Banking-Liability Of Drawee Bank For Payment On Forged Indorsement

Michigan Law Review

Plaintiff's depositor gave to A a check, payable to A and B, in return for a chattel mortgage and a note, both signed by A and B. The check was indorsed and presented to the defendant bank for collection. The plaintiff paid the check, debiting the drawer's account. Two years later, when the note came due, it was found that B's name had been forged to the note, the mortgage, and the check. Plaintiff then credited its depositor's account with the amount of the check, and now seeks to recover from the defendant. The court held that …


Bills And Notes - Forged Indorsement - Liability Of Collecting Bank To Drawer Dec 1933

Bills And Notes - Forged Indorsement - Liability Of Collecting Bank To Drawer

Michigan Law Review

Plaintiff drew a check payable to V. It was stolen by H, plaintiff's employee, and delivered to a confederate who forged V's indorsement and deposited the check in the defendant bank which collected on the instrument. Plaintiff was reimbursed by H's bonding company, and then sought to recover the amount of the check from the defendant. Held, that though plaintiff could ordinarily recover the proceeds of its stolen, undelivered check from the collecting bank, recovery here would be denied because plaintiff had already been reimbursed for its loss. Washington Mechanics' Savings Bank v. District Title …


Corporations - Conversion Of Corporate Stock Feb 1933

Corporations - Conversion Of Corporate Stock

Michigan Law Review

The defendant acquired in good faith certain stock certificates, each bearing an indorsement purporting to be that of the plaintiff. The certificates had been stolen from the plaintiff and the indorsements were forged. Upon learning that these certificates were in the possession of the defendant the plaintiff demanded their return, which was refused without qualification. The plaintiff then brought an action of trover to recover as damages the value of the stock. The Appellate Division limited the recovery to damages incurred by way of expenses, profits lost, or otherwise, flowing from the wrongful detention of the certificates as distinguished from …