A. Paul Goodall Real Estate & Ins. v. North Birmingham American Bank

BROWN,. J.

This is an action On the common count for money had and received. The plea was the general issue.

The evidence is without dispute that the Peerless lee Cream Company, Inc., being indebted to the plaintiff in the sum 'Of $125, drew its check for the amount of the indebtedness on .the defendant bank with which the drawer was a depositor. ■ :

The check .was delivered to A. Paul Goodall, plaintiff’s agent, who had authority to receive the cheek as a collector, but had no authority to indorse plaintiff’s name thereon, or collect said check.

Goodall placed an indorsement thereon by using a…