Hydroflo Corp. v. First Nat. Bank of Omaha

Hydroflo Corporation, named as payee on a number of checks, brought this action against the First National Bank of Omaha as a collecting or depositary bank, to recover the amounts paid on those checks to a bank customer who had wrongfully endorsed the checks and had the proceeds deposited to his account.

The district court sustained the bank’s demurrer to the third cause of action, money had and received, and directed verdicts in favor of the bank, at the close of plaintiff’s case, upon the first (conversion), second (negligence), and fourth (Consumer Protection Act) causes of action, and…