Fourth & Central Trust Co. v. Rowe

Day J.

Out of the pleadings and the evidence arose two issues in this case: First, was the so-called order of Carrie Thorp, presented by her husband to the bank, and upon which the balance was paid to him, a forgery? Second, even though such order may have been a forgery, was the payment of the balance, upon presentation of the passbook by the husband, together with the purported order, such a payment as under its rule 6 would justify the bank in the payment, provided it used good faith and reasonable care in the premises?

The record discloses that upon the first issue, to wit, as to whether or…