Opinion

Basch v. Bank of Am. Nat'l Tr. & Sav. Ass'n

  • 22 Cal. 2d 316
  • 139 P.2d 1
  • 1943 Cal. LEXIS 187
Court
California Supreme Court
Filed
Jun 16, 1943
Status
Published
Author
Schauer
On the bench
Curtis, Schauer
Cited by
39 cases
Authority
More cited than 5.2%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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