Heavy v. Commercial National Bank of Ogden
Utah Supreme Court
Appeal from the Second District Court, Weber County. —Hon. H. H. Rolapp, Judge. Action on a draft. From a judgment in favor of the plaintiff, the defendant appealed. That the forgery was committed by a person having the same name as the genuine payee malms no difference. It is the signature of the genuine person that transfers the title.
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Appeal from the Second District Court, Weber County. —Hon. H. H. Rolapp, Judge. Action on a draft. From a judgment in favor of the plaintiff, the defendant appealed. That the forgery was committed by a person having the same name as the genuine payee malms no difference. It is the signature of the genuine person that transfers the title. The mere fact that another person may have the same name gives him no power to make the transfer and the signature of such a person is just as much a forgery as if the names had been different. Third Nat’l Bank v. Merchants’ Nat’l Bank, 27 N. Y. Supplm’t on…
1Opinion of the Court
McCARTY, J.,
after stating the facts, delivered. the opinion of the court.
*2281 2 *227Appellant contends that Janies Malloy, having procured the draft by artifice and fraud, acquired no right *228or title to the same, and ihat his indorsement, which appellant insists was a forgery, conld not and did not in-west respondent with any legal right to recover on the instrument which Malloy himself did not possess, however innocent and free from blame the respondent may have been in the part he took in the transaction which eventually put him in possession of the draft. The rule contended for by appellant has…
2Cases cited5 opinions
- Land Title & Trust Co. v. Northwestern National BankSupreme Court of Pennsylvania · 1900
- Robertson v. ColemanMassachusetts Supreme Judicial Court · 1886
- United States v. National Exchange BankU.S. Circuit Court for the District of Eastern Wisconsin · 1891
- Crippen, Lawrence & Co. v. American National BankMissouri Court of Appeals · 1892
- Burrows v. Western Union Telegraph Co.Supreme Court of Minnesota · 1902
3Cited by10 opinions
- United States v. First Nat. BankCourt of Appeals for the Tenth Circuit · 1941
- Uriola v. Twin Falls Bank & Trust Co.Idaho Supreme Court · 1923
- Lynch v. Keystone Consol. Mining Co.California Supreme Court · 1912
- Southern Trust Co. v. American Bank of Commerce & Trust Co.Supreme Court of Arkansas · 1921
- Jones v. Citizens Nat. Bank of OkmulgeeSupreme Court of Oklahoma · 1923
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