WALKER v. FIRST HOME SAVINGS BANK

No. SD 29076.

274 S.W.3d 609 (2009)

Boyd E. WALKER, Appellant, v. FIRST HOME SAVINGS BANK, Respondent.

Missouri Court of Appeals, Southern District, Division One.

January 16, 2009.


Attorney(s) appearing for the Case

John Alpers, Jr., Cabool, for Appellant.

Harold F. Glass, Millington, Glass & Love, Springfield, for Respondent.


DANIEL E. SCOTT, Presiding Judge.

Three checks were forged on Appellant Walker's account and paid by the drawee, Respondent Bank. Walker sued Bank, which claimed Walker's negligence substantially contributed to the forgeries. The trial court found both parties at fault; allocated 80% of the $11,050 loss to Walker; and granted him a $2,210 judgment from which he appeals.

Facts and Background

Walker, who was 90 years old at trial, had befriended and...

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