Falconi v. Magee

Citations

• 47 Pa. Super. 560
• 1911 Pa. Super. LEXIS 204

Syllabus

<p>Attorney and client — Principal and agent — Checks—Forgery.</p> <p>1. Where an attorney at law collects money for a client, and deposits the same in his own bank account, and thereafter draws a check to the order of his client, and incloses it in an envelope addressed to his client in care of a person to whose address he had been instructed by his client to send the money, and the person to whose address the envelope was sent, opens it, forges the client’s name as indorser, and collects and appropriates the proceeds of the check to his own use, the attorney will still be liable to his client for the amount of the check, inasmuch as he or his bank can recover it from the bank which paid out the money on the forged indorsement.</p> <p>2. In sucli a case the person to whose care the envelope was addressed is not the agent of the client with authority to open the envelope and collect the check, and the client is not bound by any such action of the person to whose address he merely directed that money should be sent.</p>