Layman v. Western Savings Bank

MONTEMURO, Judge:

The instant action presents the problem of deciding which of two innocent parties suffers a loss when a fiduciary is a thief. Appellant herein is the administrator of an estate who opened an estate account at the appellee bank, Western Savings. Appellee disbursed funds from the account when the attorney for the estate presented the passbook together with a withdrawal slip correctly signed by appellant himself. The court below entered judgment in favor of the bank-appellee and against the administrator-appellant and we affirm.

The appellant first contacted another attorney to…