Hawkins
Fresno National Bank v. Hawkins
Opinion
Lead Opinion
Garoutte, J.
This appeal is before us upon the judgment roll, and involves the sufficiency of the complaint. The complaint alleges that respondent was, at all the times mentioned, the county superintendent of schools of Fresno County, and that W. B. Bibby was the regularly appointed deputy of such superintendent; that appellant, as was its custom, purchased, at the instance and request of respondent, by his deputy, certain school-warrants; that said warrants were purchased solely on the faith and credit of the indorsements thereon by the respondent; that said warrants, except the indorsement of filing, were forged by the said Bibby, deputy, and were void and of no' effect, and" appellant claims to be damaged to the extent of the money paid out for such forged warrants. As appears by the exhibits attached to the complaint, these forged warrants were orders on the county superintendent by the trustees of the various school districts for requisitions to the county auditor- *554 and the word “ warrants,” as used in the complaint, is somewhat of a misnomer. The indorsement, which appellant alleges to be genuine, and upon the sole faith of which it expended its money, made upon these orders, was the…