Folsom v. Northern Trust Co.

Mr. Presiding Justice Fitch

delivered the opinion of the court.

The defendant, a banking institution, appeals from a judgment against it for $1,050 in favor of plaintiff, a depositor. The bank paid that amount upon ten forged checks purporting to be drawn by the plaintiff, charged the same to plaintiff’s account, and delivered the canceled checks to him with statements of his account. Plaintiff then discovered the forgeries, but failed to notify the bank until six months later. In this action to recover the amount so paid, the defense of the bank is that plaintiff lost his right to recover by…