Mott Grain Co. v. First National Bank & Trust Co. of Bismarck

VOGEL, Justice.

The First National Bank and Trust Company of Bismarck appeals from a judgment holding it liable for the face amount of 17 checks, totaling $40,520.93, which were the property of Mott Grain Company. The checks were endorsed, without authority, by Vernon Baszler, the manager and one of the three owners in equal shares of Mott Grain Company, and converted to his own use. Nine of the checks had restrictive endorsements such as “Mott Grain Co./Vernon Baszler/For Deposit Only.” The remainder of the checks bore open endorsements such as “Mott Grain Co./Vernon Baszler.” On some of the…