Wells Fargo Bank & Union Trust Co. v. Bank of Italy

The plaintiff bank, as drawee, seeks to recover money paid to the defendant bank, a holder in due course, on a check certified by plaintiff in which the name of the payee had been altered prior to certification, and which check had been indorsed and negotiated by the substituted payee. Under the provisions of section 3143 of the Civil Code (sec. 62, N. I. L.), “The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance and admits (1) the existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the…