G.F.D. ENTERPRISES, INC. v. NYE

No. 87-475.

37 Ohio St. 3d 205 (1988)

G.F.D. ENTERPRISES, INC. ET AL., APPELLANTS, v. NYE; DOLLAR SAVINGS & TRUST COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 22, 1988.


Attorney(s) appearing for the Case

Lawrence J. Damore, Robert P. Damore and David A. Bobovynik, for appellants.

Manchester, Bennett, Powers & Ullman Co., L.P.A., and John F. Zimmerman, Jr., for appellee Dollar Savings & Trust Company.

Westenfield & Newman and Douglas J. Neuman, for appellee Dollar Savings Bank Company, n.k.a. Security Dollar Bank.


HOLMES, J.

The sole issue presented by this case is whether either of the appellee banks herein may be held liable to appellants for accepting for payment at Nye's direction the corporate checks drawn over the unauthorized signatures, or forgeries, of Nye. Because both of these banks took the checks as holders in due course, because appellant G.F.D. Enterprises' own negligence substantially contributed to the making of the unauthorized signatures, and because no warranty...

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