Legal Opinion
Perini Corp. v. First National Bank
Court of Appeals for the Fifth Circuit
Decided June 2, 1977No. Nos. 75-2816, 75-3402PublishedCited by 42 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
This tale of intrigue offers a series of complex commercial paper conundrums. Seventeen forged checks bearing arguably ineffective indorsements plunge us into the debate over a centuries-old yet hardly refined distinction between cases of forged drawer’s signatures and forged indorsements. This distinction the Uniform Commercial Code has carried forward somewhat uneasily, in only partial fulfillment of the drafters’ professed desire to dissipate any clouds of potential liability as soon as possible after a check transaction’s dawn.
A forger drew the checks before us to…
2Cases cited21 opinions
- Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
- Blackmon v. HaleCalifornia Supreme Court · 1970
- Bowling Green, Inc. v. State Street Bank and Trust CompanyCourt of Appeals for the First Circuit · 1970
- Insurance Co. of North America v. Atlas Supply Co.Court of Appeals of Georgia · 1970
- United States v. Chase National BankSupreme Court of the United States · 1920
16 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Southern Guar. Ins. Co. v. First Ala. BankSupreme Court of Alabama · 1989
- Morgan Guaranty Trust Company Of New York v. American Savings And Loan AssociationCourt of Appeals for the Third Circuit · 1986
- First Investors Corp. v. RaynerMississippi Supreme Court · 1999
- Perini Corporation and Brown Brothers, Harriman and Company, Plaintiffs v. The First National Bank of Habersham County, Georgia, the Fulton National Bank of Atlanta, Georgia and Morgan Guaranty Trust Company of New York, New York, Perini Corporation and Brown Brothers, Harriman and Company, Plaintiffs v. The First National Bank of Habersham County, Georgia, and the Fulton National Bank of Atlanta, GeorgiaCourt of Appeals for the First Circuit · 1977
- Winkie, Inc. v. Heritage Bank of Whitefish BayWisconsin Supreme Court · 1981
37 more not listed; retrieve them via the Exa API.