Hope Vacuum Cleaner Co. v. Commercial National Bank

Citations

• 101 Kan. 726
• 168 P. 870
• 1917 Kan. LEXIS 185

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Check — Forged Indorsement by Agent — Liability of Bank. The plaintiff’s agent having in his possession a check payable to the order of the plaintiff, indorsed the plaintiff’s name on the- back of the check without authority, presented the check to the defendant bank, and was given credit for it on his account. The defendant collected the check of the bank on which it was drawn. The agent subsequently exhausted his deposit with the defendant and did not account to the plaintiff for the . check. Held, the defendant is liable to the plaintiff for the proceeds of the check.</p> <p>2. Same — Evidence—Good against Demurrer. The evidence, including the facts stated, examined, and held to be sufficient in other respects to warrant recovery by the plaintiff.</p>