Boguslawski v. Mitchell Street State Bank

Plaintiff’s positive denial of receipt of the $300 on September 24th and the teller’s testimony to the contrary made an issue clearly within the province of the jury to determine, and their determination in that regard in plaintiff’s favor cannot be disturbed.

The question is much closer whether the bank used due care in the payment- of the $300, especially in view of the apparent similarity in the signature upon which the bank paid the money with the concededly genuine signatures. It was evident, however, that the tellers did appreciate at the time that there was something questionable about…