Omicron Co. v. Central Surety & Insurance

The identical facts giving rise to this action have been the subject of litigation in two other cases: Mathewson v. Carlson, 13 Wn. (2d) 363, 125 P. (2d) 272; and Omicron Co., Inc. v. United States F. & G. Co., 21 Wn. (2d) 703, 152 P. (2d) 716.

The facts may be summarized as follows: Mathewson held in trust certain funds which, for convenience, were on deposit with a bank in the name of one Hazel Kirk. The account was carried in her name because Mathewson suffered from a physical disability which made it very difficult for him to sign his name. That Hazel Kirk had no authority to draw checks…