The opinion
SCHAUER, J.
I concur in the judgment on the ground that the defendant bank failed to establish its own freedom from negligence in any of the instances in which it honored forged checks against plaintiff’s account and, hence, that negligence of the plaintiff is immaterial. Regardless of all other discussion, that one proposition is determinative of this appeal. (See Sommer v. Bank of Italy (1930), 109 Cal.App. 370, 376 [ 293 P. 98 ]; Union Tool Co. v. Farmers etc. Nat. Bk. (1923), 192 Cal. 40, 47-48 [ 218 P. 424 , 28 A.L.R. 1417 ]; Glassell Dev. Co. v. Citizens’ Nat. Bk. (1923), 191 Cal. 375, 380 [ 216 P. 1012 , 28 A.L.R. 1427 ].)
Edmonds, J., concurred.
Appellant’s petition for a rehearing was denied July 15, 1943. Schauer, J., voted for a rehearing.