Legal Opinion
Bagby v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
Court of Appeals for the Eighth Circuit
Decided January 15, 1974No. Nos. 72-1511, 73-1191PublishedCited by 55 opinions
1Opinion of the Court
STEPHENSON, Circuit Judge.
This appeal involves an interpretation of § 3-406 of the Uniform Commercial Code, as adopted in Missouri, which specifies that negligence which “substantially contributes to * * * the making of an unauthorized signature * * * ” wiH preclude the drawer from asserting a forgery.
The appeal is a consolidation of two diversity actions originally brought in the United States District Court for the Western District of Missouri. Initially, plaintiff Anna C. Bagby sought damages from defendant Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) for the conversion and…
2Cases cited21 opinions
- Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
- Larry Luke, Individually v. American Family Mutual Insurance Company, American Family Mutual Insurance Company v. Larry Luke, IndividuallyCourt of Appeals for the Eighth Circuit · 1973
- Salsman v. National Community Bank of RutherfordNew Jersey Superior Court Appellate Division · 1968
- Gresham State Bank v. O & K Construction Co.Oregon Supreme Court · 1962
- American Sash & Door Co. v. Commerce Trust Co.Supreme Court of Missouri · 1933
16 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Sun'n Sand, Inc. v. United California BankCalifornia Supreme Court · 1978
- E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
- McAdam v. Dean Witter Reynolds, Inc.Court of Appeals for the Third Circuit · 1990
- Nova Research, Inc. v. Penske Truck Leasing Co.Court of Appeals of Maryland · 2008
- Signal Oil & Gas Co. v. Barge W-701Court of Appeals for the Fifth Circuit · 1981
50 more not listed; retrieve them via the Exa API.