Maresco v. Mechanics & Metals National Bank

The action is by a depositor to recover from his bank the amount of a forged check paid by the bank and charged against his account. The defense is that two forged checks were paid; that the depositor, knowing of both payments, brought action and recovered judgment for the amount of one of the checks, and that that judgment is a bar to the present action subsequently brought for the amount paid on the other check. The argument is that there was a single contract between the bank and its depositor which governed their continuing relations; that by that agreement the bank undertook to pay out…