Insurance Co. of North America v. Fourth Nat. Bank of Atlanta

SIBLEY, District Judge.

The pleadings ruled upon in the former opinion in this case (12 F.[2d] 100), treated the defendant bank as the holder of the several drafts bearing forged indorsements, which were paid by the plaintiff insurance company. The pleadings have now been amended to set up facts under which it is claimed that the defendant, in presenting the drafts, was not their holder, nor ostensibly such, but was, under the operation of clearing house rules and practices, which were well known to the plaintiff, the agent of the holder which had brought the drafts to the clearing house, or…