Sciortino v. Bank of White Castle
Supreme Court of Louisiana
Action by S. Sciortino against the Bank of White Castle. Judgment for defendant was affirmed by the Court of Appeal, and plaintiff applies for certiorari or writ of review.
1Opinion
On the Merits.
The applicant, Sciortino, alleged that the defendant bank negligently paid a check on which his name was forged for the sum of $325, which it paid from his funds on deposit.
*218He instituted suit against the bank to recover judgment for the amount.
The bank answered, alleging that the cheek was not forged; that the signature to the check was a genuine signature.
The only issue was forgery vel non. The court of first instance and the Court of Appeal confined the inquiry to that point.
The ruling finds ample support in Code Prac. arts. 324, 325, and in Smith v. Union Sawmill Co., 120 La.…
2Cases cited2 opinions
- Temple v. SmithSupreme Court of Louisiana · 1852
- Smith v. Union Sawmill Co.Supreme Court of Louisiana · 1908