UNITED STATES v. BANK OF AMERICA NAT. TRUST & SAV. ASS'N

Nos. 16164, 16165.

274 F.2d 366 (1959)

UNITED STATES of America, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Appellee. UNITED STATES of America, Appellant, v. SECURITY-FIRST NATIONAL BANK, Appellee.

United States Court of Appeals Ninth Circuit.

December 28, 1959.


Attorney(s) appearing for the Case

George C. Doub, Asst. Atty. Gen., Samuel D. Slade, Peter H. Schiff, Attorneys, Department of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Richard A. Lavine, Burton C. Jacobson, Asst. U. S. Attys., Los Angeles, Cal., for appellant.

Hugo A. Steinmeyer, George L. Beckwith, Los Angeles, Cal., Samuel B. Stewart, San Francisco, Cal., for appellee Bank of America Nat. Trust & Savings Ass'n.

Farrand, Fisher & Farrand, Ross C. Fisher, Knox Farrand and Stephen Farrand, Los Angeles, Cal., for appellee Security-First Nat. Bank.

Before STEPHENS, CHAMBERS and BARNES, Circuit Judges.


CHAMBERS, Circuit Judge.

In a certain sense, all forgers are impostors and, similarly, impostors in connection with commercial paper in a broad sense are usually forgers. But in the law merchant they are supposed to be separate people. Thus, if the payee is an impostor, a drawer-drawee (probably more properly considered as a maker) who pays a holder has no recourse on an endorser. If, however, he who signs the name of a payee may be classified as a forger, the drawer...

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