Second National Bank v. New First National Bank

This is an action to reverse the judgment of the court of common pleas upon a directed verdict for the plaintiff at the close of all the evidence.

The facts, briefly stated, are as follows:

On the 31st day of October, 1910, The Zanesville & Western Railway Company made a pay-roll draft payable to the order of James Horton, a supposed .employe. FIorton was a fictitious charac*69ter. His name appeared upon the pay-roll through the. fraud of Louis Irvin, who was at the time a clerk in the office of the division engineer at Bucyrus.

The division engineer prepared the time sheets for the month. After…