McCornack v. Central State Bank

(dissenting).- — I. I am unable to concur in the majority view. I do not object to the reversal of the judgment below, nor to Division IX of the majority opinion, which is the reversing division. My objection goes to the holding of the majority upon what may be termed the ultimate merits of the case. This plaintiff drew his check unwittingly to a fictitious payee, and put it in circulation by delivery to a trusted servant, who proved to be a very unfaithful one. The check was drawn on the defendant-bank, against an account which was ample to meet it. This check was negotiated by the…