Legal Opinion

Cooper v. Union Bank

California Supreme Court

Decided March 20, 1973No. L.A. 30087PublishedCited by 71 opinions

1Opinion of the Court

Opinion

MOSK, J.

We here consider the rights of the true owner of a negotiable instrument which has been collected and paid on a forged indorsement. The question has not previously arisen in this state under the Uniform Commercial Code, and has seldom been addressed in other jurisdictions.

The record recounts a typical tale of forgery. Plaintiff Joseph Stell, an attorney, employed one Bernice Ruff as a secretary and bookkeeper. During a period of approximately a year and one-half Ruff purloined some 29 checks intended for Stell and forged the necessary indorsements thereon. She cashed some of…

2Cases cited20 opinions

  1. Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
  2. Los Angeles Investment Co. v. Home Savings Bank of Los AngelesCalifornia Supreme Court · 1919
  3. Jennings v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1935
  4. Salsman v. National Community Bank of RutherfordNew Jersey Superior Court Appellate Division · 1968
  5. Gresham State Bank v. O & K Construction Co.Oregon Supreme Court · 1962

15 more not listed; retrieve them via the Exa API.

3Cited by71 opinions

  1. Sun'n Sand, Inc. v. United California BankCalifornia Supreme Court · 1978
  2. Twellman v. Lindell Trust Co.Missouri Court of Appeals · 1976
  3. Michelson v. HamadaCalifornia Court of Appeal · 1994
  4. Lewis v. Telephone Employees Credit UnionCourt of Appeals for the Ninth Circuit · 1996
  5. Common Wealth Insurance Systems, Inc. v. KerstenCalifornia Court of Appeal · 1974

66 more not listed; retrieve them via the Exa API.

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