FIRST NATIONAL BANK AND TRUST COMPANY v. CUTRIGHT

No. 38610.

205 N.W.2d 542 (1973)

189 Neb. 805

FIRST NATIONAL BANK AND TRUST COMPANY, a corporation, Appellant, v. John L. CUTRIGHT, Appellee.

Supreme Court of Nebraska.

March 23, 1973.


Attorney(s) appearing for the Case

Pilcher, Howard & Dustin, Omaha, for appellant.

John L. Cutright, pro se.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON and CLINTON, JJ.


SMITH, Justice.

The district court on a general finding rendered judgment for a customer-drawer and against the drawee bank under sections 3-406 and, 4-406(1), (2) and (3), U.C.C. On appeal the main question is the sufficiency of evidence of lack of ordinary care on the part of the bank in paying checks with unauthorized signatures of the drawer.

A trial court without being clearly wrong might find these facts. John L. Cutright, the customer-drawer, maintained...

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