Provident Savings Bank & Trust Co. v. Fifth-Third Union Trust Co.

ROSS, PJ.

The trial court based its judgment for the Provident Savings Bank, defendant in that court, upon the limitation of action contained in §11325-1, GC. This section does not apply to the duty of depositors as to indorsements. •

■ The duty of a depositor to know its own signature is entirely different from the duty of such depositor as to an indorsement. The depositor has a right to rely upon the implied guaranty of the bank that it has paid to the payee, just as the drawee bank has a right to rely upon the guaranty of the paying bank, unless in any case the acts of the parties amount to…