Garthwaite v. Bank of Tulare

Citations

• 123 Cal. 132
• 55 P. 773
• 1898 Cal. LEXIS 997

Syllabus

<p>Action upon Check—Forged Indorsement—Dismissal for Want of Prosecution—Evidence — Judgment Poll in Action to Recover Check—Prejudicial Error.—Upon a motion to dismiss for want of prosecution an action brought by executors of a deceased . person to recover from a bank the amount of a check drawn by it in favor of the decedent, and which had been paid upon a forged indorsement of his name, the check having been delivered np to the executors by the bank a few days prior to the commencement of the action thereupon, a judgment-roll in a former action brought by the decedent to recover possession of the check, showing a want of diligence in its prosecution by him, and its final dismissal after a pendency of four years, is irrelevant and inadmissible in evidence, and its admission must he considered as material and prejudicial error.</p>