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Banking and Finance Law

Michigan Law Review

Journal

1940

Carelessness

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Full-Text Articles in Law

Bills And Notes - Price V. Neal - Duty Of Presenter Bank To Make Inquiry, Oscar Freedenberg Mar 1940

Bills And Notes - Price V. Neal - Duty Of Presenter Bank To Make Inquiry, Oscar Freedenberg

Michigan Law Review

A stranger opened an account in the defendant bank and deposited therein several large checks (payable to himself) forged with the signature of the president of the plaintiff bank and drawn on the plaintiff. The checks were indorsed by the forger, and also by the defendant, the latter "guaranteeing prior indorsements." After payment by the plaintiff, the amounts were credited to the forger's account and soon thereafter withdrawn. The plaintiff alleged a local banking custom which required careful watching of new accounts and which the defendant failed to observe. On demurrer to the plaintiff's petition, held, that the rule …