Bennett

This action was brought by plaintiff against the First National Bank of Hollywood to recover the sum of one thousand dollars, which the bank charged to his account because of the payment of a check drawn by him thereon and upon which the name of the payee was forged.

Judgment went for plaintiff, from which the defendant appeals upon the judgment-roll.

As appears from the findings, the facts are as follows: In August, 1917, one S. W. Thomas, then a man of good repute and president of the Garvanza Investment Company, falsely represented to plaintiff that he was the agent of Abbie Gilbert (who was in fact a real person), and that she desired a loan of two thousand dollars, to be secured by mortgage upon certain real estate owned by her. Plaintiff agreed to make the loan and some days thereafter Thomas delivered to him a note and mortgage purporting to be executed by Gilbert, both of which documents were in fact forged instruments. Thereupon plaintiff delivered to Thomas a cheek 'for one thousand dollars, drawn upon defendant bank and payable to the order of Abbie Gilbert, whose name Thomas, without her consent or knowledge, indorsed thereon and deposited it in the First National…