Ladd & Tilton Bank v. United States
Opinion
Lead Opinion
Webster, J.
. This suit originally was brought by the United States against Ladd & Tilton Bank, now Nassau Company, a corporation, based on an implied warranty of genuineness of the signatures of the payees on certain registered Victory notes. The present is the seeond appeal in the cause, and a full statement of the facts will be found in the former opinion of this court. 30 F.(2d) 334 . It was there held that the liability of the appellant bank was upon an implied warranty of the genuineness of the notes bearing the forged in-dorsements, but the judgment was reversed and the cause remanded for further proceedings, upon the ground that the trial court erred in striking from appellant’s second amended answer allegations to the effect that on or about September 16, 1920, the government was notified that the signatures of the payees on the Victory notes involved had been forged, but failed and neglected to notify the bank of such forgeries, or that any lia^ bility was claimed against it, until about April 17, 1922; that the bank was without fault and had no knowledge of such forgeries; that, at the time of the suspension of the Bank of J aeksonville, and at the time of the discovery of the…