Montgomery v. First National Bank

BRYSON, J:

Plaintiffs brought this- action, against the, defendant bank for conversion, of a draft in! the --aihoünt of $5,000 .issued by "añ íhsúrahce,;.eÓmpany.,..The draft of $5,000 was made payable to defendant Smith and plaintiff R. A. Montgomery. Smith forged Montgomery’s endorsement on the draft and received full payment on the instrument from defendant bank. Defendants Smith and Besco Construction Company are nominal defendants and not parties to this appeal. The trial court, sitting without a jury, entered judgment in favor of plaintiffs. The defendant bank appeals. We affirm.

The…