Bank of America v. Superior Court

According to the pleadings in the court below: On April 16, 1971, petitioner bank cashed a check, drawn on the First National Bank of Chicago, Illinois, by the real party in interest in favor of Eugene Pilawski in settlement of an insurance claim. The check bore an endorsement forged by someone unknown. The check, bearing the forged endorsement and endorsed by petitioner for collection, was forwarded to the payee bank, was honored by that bank, and the account of real party in interest at that bank was charged with its face amount. On January 19, 1972, a complaint was filed in respondent court, seeking recovery of the monies thus allegedly improperly charged to the account of the real party in interest. Through error on the part of plaintiff’s counsel, the title of the complaint and summons bore the name of “Continental Casualty Company” as the party plaintiff. Sundry law and motion proceedings followed, resulting ultimately in the filing of a second amended complaint, which petitioner answered. All of those proceedings carried the erroneous caption showing “Continental Casualty Company” as party plaintiff.

On April 11, 1973, a motion in the name of the original…