COMMERCIAL CREDIT CORP. v. EMPIRE TRUST CO.

No. 15965.

260 F.2d 132 (1958)

COMMERCIAL CREDIT CORPORATION, a Corporation, Appellant, v. EMPIRE TRUST COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

October 20, 1958.


Attorney(s) appearing for the Case

Byron E. Mintonye, Kansas City, Mo. (Carl E. Laurent and Allan R. Browne, Kansas City, Mo., were with him on the brief), for appellant.

Billy S. Sparks, Kansas City, Mo. (Clyde J. Linde, Robert B. Langworthy and Langworthy, Matz & Linde, Kansas City, Mo., were with him on the brief), for appellee.

Before GARDNER, Chief Judge, and VOGEL and MATTHES, Circuit Judges.


MATTHES, Circuit Judge.

The question here for determination is whether appellee, hereinafter called the defendant, is liable as the drawee bank because it charged the checking account of appellant, hereinafter called plaintiff, with the amount of a check drawn by plaintiff upon which the name of one of the payees had been forged. The trial court found in favor of defendant, and plaintiff has brought the case here for review. Jurisdiction is based on diversity and...

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