Commercial Credit Corporation, a Corporation v. Empire Trust Company, a Corporation

MATTHES, Circuit Judge.

The question here for determination is whether appellee, hereinafter called the defendant, is liable as the drawee bank because it charged the checking account of appellant, hereinafter called plaintiff, with the amount of a check drawn by plaintiff upon which the name of one of the payees had been forged. The trial court found in favor of defendant, and plaintiff has brought the case here for review. Jurisdiction is based on diversity and the requisite amount involved in the controversy.

From the facts detailed in the opinion of the trial court, Commercial Credit Corp.…