Home > Journals > Michigan Law Review > MLR > Volume 31 > Issue 1 (1932)
Abstract
A receiver in bankruptcy drew a check on the funds of the bankrupt deposited in the name of the receiver in the defendant bank, payable to "Joseph Wolf" who was a non-existing person. The receiver indorsed the check in the name of "Joseph Wolf" and received payment from defendant which acted innocently. The trustee in bankruptcy sued the defendant for paying a check over a forged indorsement. Held, in Childs v. Empire Trust Co., that the check, being made payable to a .fictitious payee with the knowledge of the person making it so payable, was a bearer instrument, and the defendant properly made payment.
Recommended Citation
BILLS AND NOTES-FICTITIOUS PAYEE-BEARER INSTRUMENT,
31
Mich. L. Rev.
117
(1932).
Available at:
https://repository.law.umich.edu/mlr/vol31/iss1/14