Sommer

Plaintiffs brought an action to recover sums deposited with the defendant bank and paid out on checks forged by an employee of plaintiffs. Upon a trial by jury, judgment of nonsuit was entered in favor of the defendant bank at the close of plaintiffs’ case and from this judgment plaintiffs appeal.

Plaintiffs opened their account with the bank in the early part of 1928. The signatures of the copartnership and plaintiff Sommer were forged by their employee to a series of checks in the months of July, August and September, 1928. These forged checks totaled $1550. The bank reimbursed plaintiffs in the sum of $365 for the checks forged prior to the month of August, but refused to reimburse plaintiffs for the checks subsequently forged. Upon discovery of the forgeries the employee was arrested on September 17th, and thereafter placed on probation. The employee had made partial restitution through the probation officer to the extent of $443.50 after being re-employed by plaintiffs. On the trial plaintiffs sought judgment against defendant bank for the unpaid balance of $741.50 on the checks forged during the month of August.

The testimony offered in the trial court was brief and rather…