Lindsley v. First National Bank

Opinion by

Mr. Justice Linn,

The question at this time is whether plaintiff has stated a cause of action. A writ in assumpsit was issued to recover the aggregate of sixty-five checks payable to plaintiff’s order. They were drawn by various drawers on various banks other than defendant between June 25,1927, and December 12,1928, and were received by plaintiff in the course of business. Plaintiff’s signature was forged by a bookkeeper, Luke, who delivered the checks with the forged endorsements to Anna M. Kelly or Patrick Kelly, who deposited them in the defendant bank. The defendant collected…