Exchange Bank & Trust Co. v. Kidwell Construction Co.

MOORE, Justice.

Plaintiff Kidwell Construction Co., Inc., (hereinafter referred to as “Kidwell”), sued Exchange Bank & Trust Co., (hereinafter referred to as “the bank”), and Virginia Beavers Denman to recover funds deposited with the bank and paid out upon forged checks, alleged to have been forged by Virginia Beavers- Denman, the corporate secretary of Kidwell.

The bank specially pleaded that the failure on the part of Kidwell to have other employees examine the cancelled checks and monthly bank statements containing the forged checks constituted negligence on the part of Kidwell directly…