Tribulas v. Continental Equitable Title & Trust Co.

Dissenting Opinion by

Mr. Justice Maniey :

I agree that a new trial should be granted in this case but in that trial plaintiff’s right of recovery should not be limited by binding instructions to the item of $1,000 on the check for which W. J. Fitzpatrick’s name appears as a witness. Whether or not plaintiff is entitled to recover all the sums which she declares were paid out on forged endorsements is entirely a question of fact and is therefore for the jury.

The majority opinion says: “When this suit was begun, the first account stated had gone unchallenged for more than 14 years, the second…