Israel v. State Nat. Bank

Citations

• 124 La. 885
• 50 So. 783
• 1909 La. LEXIS 560

Syllabus

<p>1. Banks and Banking (§ 148*) — Deposits— Payment of Forged Checks — Liability to Depositor — Negligence of Depositor.</p> <p>Plaintiff’s checks were always signed by himself and written by himself or his clerk. On November 21, 1905, his passbook was returned with the checks paid to that date, and three of the canceled checks, which were payable to bearer, and were not shown by the stubs of his checkbook, were in a handwriting entirely different from that of plaintiff or his clerk, except the signature, which was an exact imitation of plaintiff’s signature. Plaintiff discovered these facts at the time, but did not notify the bank, claiming at trial that he thought the fact that the checks were not shown in his stubs might be explained by his forgetting to enter them, and he was not sure at the time that they were forged. On January 25, 1906, IS other checks forged in the same manner were returned to him, when he notified the bank and sued to recover the entire amount of the forged checks. Held, that the fact that the checks, except the signature, were in a strange handwriting, was sufficient to arouse plaintiff’s suspicion and require him to inform the bank, and he could not recover the amount of the forged checks paid after November 21st.</p> <p>2. Banks and Banking (§ 148*) — Deposits— Payment of Forged Checks — Liability-Facts Putting Upon Inquiry — Absence of Date.</p> <p>That the year was not filled out on a forged check dated “New Orleans, La., Dee. 4, 19G ,” was not sufficient to-put the bank upon inquiry so as to make it liable for its payment.</p>