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HUBER GLASS CO. v. FIRST NAT. BANK

29 Wis.2d 106 (1965)

HUBER GLASS COMPANY, INC., Respondent, v. FIRST NATIONAL BANK OF KENOSHA, Appellant.

Supreme Court of Wisconsin.

November 30, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief by Heide, Sheldon, Hartley & Thom and W. A. Sheldon, all of Kenosha, and oral argument by W. A. Sheldon.

For the respondent there was a brief by Hammond & Tennessen and Willis R. Hammond, all of Kenosha, and oral argument by Willis R. Hammond.

WILKIE, J.

The law concerning the duty of a bank towards its depositor was summarized in Wussow v. Badger State Bank.2 Since their relationship is grounded in contract, a bank can only make payments from a depositor's account in accordance with proper authorization and is bound to restore any amount paid out on forged checks. A bank can only avoid this strict liability where the "depositor...

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