Shinew v. First National Bank

Citations

• 84 Ohio St. (N.S.) 297

Syllabus

<p>Forged instrument not merely voidable — But absolutely void — Estoppel to deny signature — May apply to one whose name is forged, when.</p> <p>A forged instrument is not merely voidable, but absolutely void, and there can be no ratification of a forgery that will make the instrument valid.</p> <p>2. One may by conduct, statements, or silence estop himself from claiming that his signature is a forgery, but before he can be estopped by mere silence, facts must be alleged and proven showing a duty and opportunity to speak, that he knew or had reason to believe, that the holder of the forged instrument would rely on his silence, and that the holder in fact did rely on his silence and was in fact injured thereby.</p>