Fabricon Products v. United California Bank

AISO, J. pro tem. *

This appeal poses the following questions: (1) Does a payee of a cheek whose indorsement has been forged have a cause of action for conversion, as well as for money had and received, 1 under former section 3104 of the Civil Code 2 against a collecting bank which has collected the amount of the check from the drawee bank, credited the proceeds to the account of the forger, and who refuses to pay the payee upon the latter’s demand? (2) If an action for conversion is maintainable, which is the applicable period of limitations: (a) Two years (Code Civ. Proc., § 339, subd. 1) ;…