PEPPAS v. MARSHALL & ILSLEY BANK


2 Wis.2d 144 (1957)

PEPPAS, Appellant, vs. MARSHALL & ILSLEY BANK, Respondent.

Supreme Court of Wisconsin.

November 5, 1957.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by N. Paley Phillips of Milwaukee.

For the respondent there was a brief by Bendinger, Hayes & Kluwin, attorneys, and Donald J. Tikalsky of counsel, all of Milwaukee, and oral argument by Mr. Tikalsky.


CURRIE, J.

When does a cause of action by a depositor against a bank to recover the amount of a check bearing a forged indorsement, which the bank had charged against the depositor's account, accrue so as to start the statute of limitations running? This is the sole question before us on this appeal.

In plaintiff's affidavit opposing the motion for summary judgment, he averred that he first learned that the indorsement of the check had been made by an unauthorized...

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