Walsh v. American Trust Co.

GRAY, J., pro tem.

Appellant, as trustee of a bankrupt corporation, sued the respondent bank to recover the proceeds of a check, payable to the corporation, which respondent had collected from the drawee bank upon an unauthorized endorsement and paid to such endorsee. After a trial in which appellant alone had presented evidence, the court made its findings and thereon rendered judgment in favor of respondent. Appellant in this appeal claims that certain findings, vital to the judgment, are unsupported by the evidence.

The following facts, as found by the court, are unchallenged. The…