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

> California Supreme Court · June 16, 1943 · 22 Cal. 2d 316

URL: https://www.frixlaw.com/law-library/cases/9549540

## Case

- **Full name:** CARLO BASCH, Respondent, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (A National Banking Association), Appellant
- **Court:** California Supreme Court
- **Decided:** June 16, 1943
- **Citations:** 22 Cal. 2d 316; 139 P.2d 1; 1943 Cal. LEXIS 187
- **Precedential status:** Published
- **Opinion:** Concurrence by Schauer
- **Judges:** Curtis, Schauer
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9549540

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9549540. Public record. Not legal advice.