Legal Opinion

National Surety Corp. v. City Bank & Trust Co.

Wisconsin Supreme Court

Decided October 19, 1945PublishedCited by 15 opinions

1Opinion of the CourtFairchild, J.

The plaintiff stands in the shoes of the Modern Woodmen of America and has no greater right with respect to recovery against defendant than that organization would have.

An intermediary bank which receives a check or a certificate of deposit on a forged indorsement and collects it from the drawee is liable to the drawer or owner for his loss. Evenson v. Waukesha Nat. Bank (1926), 189 Wis. 170, 207 N. W. 415; 7 Am. Jur., Banks, p. 431, sec. 594. See annotation, 102 A. L. R. 145, 146. Sec. 116.27, Stats., which is part of the Uniform Negotiable Instruments Law, provides in part that “Where a…

2Cases cited4 opinions

  1. Andrews v. Northwestern National BankSupreme Court of Minnesota · 1908
  2. Evenson v. Waukesha National BankWisconsin Supreme Court · 1926
  3. Provident Savings Bank & Trust Co. v. Fifth-Third Union Trust Co.Ohio Court of Appeals · 1932
  4. Merchants' National Bank v. Federal State BankMichigan Supreme Court · 1919

3Cited by15 opinions

  1. Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
  2. Commercial Credit Corporation, a Corporation v. Empire Trust Company, a CorporationCourt of Appeals for the Eighth Circuit · 1958
  3. Coplin v. Maryland Trust Co.Court of Appeals of Maryland · 1960
  4. Prudential Insurance Co. of America v. Marine National Exchange BankDistrict Court, E.D. Wisconsin · 1970
  5. Commercial Credit Corp. v. Citizens National Bank of Point PleasantWest Virginia Supreme Court · 1965

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