McCormick v. Rapid City National Bank

The plaintiff, an optometrist, has been a depositor in defendant Bank since April, 1934. In October, 1937, he employed Marian DeGarlais as a part time office helper and clerk. During the period from December of that year until June, 1938, Mrs. DeGarlais forged plaintiff’s name as drawer on eleven checks all payable to herself and drawn on the defendant bank. These checks were paid by defendant and charged to plaintiff’s deposit account. This action was brought to test the propriety of those charges. The trial court directed a verdict for the bank. The plaintiff has appealed and assigns the…