Kay v. County of Wayne

Jack Green, engaged by plaintiff to make sales of merchandise to the county of Wayne, on a commission basis, made sales, received two checks therefor, payable to the order of plaintiff, forged plaintiff’s name thereon, obtained the money on one at the county treasury and on the other at a bank, and absconded with the proceeds. Thereupon plaintiff brought this suit against the county to recover for the merchandise, and defendant pleaded payment. Upon trial, without a jury, the court found payment, and plaintiff prosecutes review.

Plaintiff, a wholesale dealer in butter and eggs, desired to make…