BANK OF AMERICA v. SUPERIOR COURT

Docket No. 42723.

35 Cal.App.3d 555 (1973)

110 Cal. Rptr. 709

BANK OF AMERICA, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CONTINENTAL ASSURANCE COMPANY, Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

November 21, 1973.


Attorney(s) appearing for the Case

COUNSEL

Robert H. Fabian, Harris B. Taylor, Burton V. McCullough and Phillip D. Dapeer for Petitioner.

No appearance for Respondent.

Booth, Mitchel, Strange & Smith, Michael T. Lowe, Stephen H. Galton, Cyril E. Armbrister, Jr., and Joseph A. Burrow for Real Party in Interest.


OPINION

KINGSLEY, J.

According to the pleadings in the court below: On April 16, 1971, petitioner bank cashed a check, drawn on the First National Bank of Chicago, Illinois, by the real party in interest in favor of Eugene Pilawski in settlement of an insurance claim. The check bore an endorsement forged by someone unknown. The check, bearing the forged endorsement and endorsed by petitioner for collection, was forwarded to the payee...

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