United States Rubber Co. v. Union Bank & Trust Co.

This is an appeal from a judgment after the sustaining of a demurrer and appellant’s declination to amend.

In count one of a complaint which apparently had to do with defendant, United Factors Corporation only, filed on May 12,1960, the plaintiff alleged (1) that it was a corporation organized under New Jersey law and doing business in California ; (2) that United Factors was in the factoring business in Los Angeles; (3) that the Union Bank and Trust Company was a bank; (4) (fictitious defendants); (5) that on May 13, 1958 the California Chairs, Inc. executed and delivered its cheek to the plaintiff in the sum of $11,127.44; (6) that on May 13, 1958 the plaintiff was the owner and entitled to possession of the check; (7) that on May 15, 1958 the check was without authority of and unknown to the plaintiff, wrongfully delivered to defendant United Factors; that at the time of delivery it bore endorsement “Pay to the order of United Factors on behalf of Montgomery Ward a/e_ U. S. Rubber Co.,” that the endorsement was forged, it was not that of the plaintiff, made without knowledge or permission or consent or authority of the plaintiff; (8) that upon receipt of the check endorsed as…