GIPSON v. FIRST NATIONAL BANK OF BISMARCK

No. 7810.

97 N.W.2d 671 (1959)

Elmer GIPSON, Plaintiff and Respondent, v. FIRST NATIONAL BANK OF BISMARCK, a corporation, Defendant and Appellant.

Supreme Court of North Dakota.

May 7, 1959.


Attorney(s) appearing for the Case

J. K. Murray, Bismarck, for plaintiff and respondent.

Cox, Pearce & Engebretson, Bismarck, for defendant and appellant.


MORRIS, Judge.

This is an action by a bank depositor to recover from the defendant bank the sum of $1,396 that represents the total amount of 34 checks in various amounts, the smallest being $15 and the largest $125, which the plaintiff alleges to be forgeries that were negligently debited to the plaintiff's checking account between December 2, 1953 and February 27, 1954, inclusive. The checks were never produced. The bank records show that the plaintiff's statements...

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