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CURTIS v. HIBERNIA NAT. BANK IN JEFFERSON

No. 87-CA-543.

522 So.2d 705 (1988)

Ferdinand P. CURTIS, v. HIBERNIA NATIONAL BANK in JEFFERSON PARISH.

Court of Appeal of Louisiana, Fifth Circuit.

March 14, 1988.

Attorney(s) appearing for the Case

Peter S. Thriffiley, Thomas J. Lutkewitte, Favret, Favret, Demarest & Russo, New Orleans, for defendant-appellant.

Edward J. Mozier, Jr., New Orleans, for plaintiff-appellee.

Before BOWES, GRISBAUM and GOTHARD, JJ.

GRISBAUM, Judge.

The principal question presented is whether a depositary of money (Hibernia National Bank, the appellant) in paying on forged items spends its own funds or those of its depositor (the original plaintiff-appellee). It was stipulated by counsel that the bank paid out $4200 in funds on checks that were forged and charged same to the plaintiff's account. The trial court ruled in favor of the plaintiff-depositor. From this decision, Hibernia National Bank...

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