Dartmouth National Bank v. Keene National Bank

The ultimate issue in this case is who must bear the loss as between the drawer who delivered the check to an impostor and the defendant who cashed the check upon the impostor’s endorsement. Since it frequently happens that an impostor is absent, dead or insolvent, the problem arises of assigning the loss to one of two banks which are both relatively innocent parties and free from fault. The issue has not heretofore been decided in this state.

The plaintiff relies on Star Fire Insurance Co. v. New Hampshire *460Nat. Bank, 60 N. H. 442. That case is distinguishable on its facts. The Uniform…