Wagner v. Chemical Bank & Trust Co.

Plaintiff opened a checking account with the defendant bank in January, 1934. He signed the usual signature card bearing the specimen signature “ Lewis L. Wagner.”

On March 6, 1934, at Miami, Fla., plaintiff was engaged in a game of chance (dice) and lost. Plaintiff issued a check for $150, payable to cash in partial payment of his loss. This check was signed “ Lewis Wagner.” Plaintiff contends he was cheated in the dice game and delivered the check under duress and deliberately signed the check “ Lewis Wagner ” instead of “ Lewis L. Wagner,” with the belief that the defendant bank would…