Paine v. Continental & Commercial National Bank

In an action of assumpsit tried by the court, plaintiffs had judgment for $11,562.50, from which defendant appeals.

Although the respective briefs give considerable space to a recital of the pleadings, yet we are not asked to pass on any point arising on them. The declaration in appropriate language alleged that defendant was obligated for money had and received by reason of its payment of its cashier’s check upon a forged indorsement. Defendant’s liability, if any, must be determined upon this action.

The facts were stipulated as follows: Plaintiffs are partners engaged in the stock brokerage…