First National Bank v. Guaranty Life Insurance
Court of Appeals of Georgia
1Opinion of the CourtBell, J.
1. Where an insurance company, as drawer, entrusts to its agent a check to be delivered, to the payee, the agent, without more, has no real or apparent authority to deliver the cheek to any other person, and where he wrongfully delivers the check to another, whom he procures to impersonate the payee and to forge the payee’s indorsement thereon, and whom he then introduces to a bank, which pays the check upon such forged indorsement with the additional indorsement of the agent, the bank, as between itself and the drawer, must bear the loss. Under such facts, the bank was not relieved of its…
2Cases cited9 opinions
- Union Tool Co. v. Farmers & Merchants National Bank of Los AngelesCalifornia Supreme Court · 1923
- Harmon v. Old Detroit National BankMichigan Supreme Court · 1908
- Prudential Insurance Co. of America v. Natl. Bank of CommerceNew York Court of Appeals · 1920
- Atlanta National Bank v. BurkeSupreme Court of Georgia · 1888
- City of St. Paul v. Merchants National BankSupreme Court of Minnesota · 1922
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3Cited by6 opinions
- Home Indemnity Co. v. State BankSupreme Court of Iowa · 1943
- Life Ins. Co. of Va. v. Edisto Nat. Bk.Supreme Court of South Carolina · 1932
- Cairo Banking Co. v. WestSupreme Court of Georgia · 1939
- The Columbian Peanut Company v. Harry Frosteg, the Bank of Camilla and Farmers Bank of PelhamCourt of Appeals for the Fifth Circuit · 1973
- Berger v. Georgia Power Co.Court of Appeals of Georgia · 1948
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