THE SUMITON BANK, PLAINTIFF-APPELLANT,
v.
FUNDING SYSTEMS LEASING CORPORATION, DEFENDANT-APPELLEE

5th Cir. | 1975-05-08
No. 74-1927
Before BROWN, Chief Judge, and GODBOLD and CLARK, Circuit Judges.
512 F.2d 774 Court of Appeals for the Fifth Circuit (1975)


Opinion of the Court
PER CURIAM:

PER CURIAM:

The bank claims against the drawer of a check deposited with it. The check was order paper. The signature of the payee as purported indorser was forged. Below it was added the signature of another entity, which we will assume was an authorized signature.

The forged signature of the payee was inoperative to make the bank a holder,1 Code of Ala., Tit. 7A, §§ 1— 201(20); 3-201; 3-202; 3-404 (1966); nor did the presumably valid second signature convert the order paper to bearer paper. See Code of Ala., Tit. 7A, §§ 3— 201; 3-202(1), (2); 3-204(2); 3-404(1); 1-201(20) (1966).

The decision in favor of the drawer is affirmed.

. Which makes it unnecessary for us to consider the bank’s claim that it was a holder in due course and therefore took free of defenses of the drawer. See Code of Ala., Tit. 7A, §§ 3-302(1); 1-201(20) (1966).


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