State Planters Bank & Tr Co. of Richmond, VA v. Fifth-Third Union Tr Co.

OPINION

By ROSS, J.

This is an action to recover the amount of a check. The appellee — plaintiff—was the drawer drawee of the check. The appellant — defendant— was the bank to whom appellee had paid the amount of the check upon presentment for payment, having received the same from a correspondent hank, to whom it had been transmitted by the paying bank, the indorsements of the payees having been forged.

At the conclusion of the evidence of ap pellee the appellant made a motion for an instructed verdict, reserving the right to go to the jury in the event the motion was overruled. The court…