Barnes v. Boulevard National Bank of Miami

This appeal,1 is from an order granting the appellees a new trial upon the ground that the court’s instruction to the jury on the burden of proof as to the forgery of a negotiable instrument was erroneous.

The appellant instituted suit on a cashier’s check issued by the appellee bank to the appellee August. Appellant’s complaint alleged that he lawfully came into possession of said cashier’s check for value as a holder in due course, said check being endorsed by the appellee August and given to the appellant. He further alleged that he endorsed said check and deposited same in the Pan American…