Restitution Discussion Group Archives
| Sender: |
Allan Axelrod |
| Date: |
Mon, 8 Mar 1999 15:11:11 -0500 |
| Re: |
contribution |
in the check case,
altho each successive collecting bank was a converter as to O and the owner
could choose which to sue, between themselves the banks are in a contract--as
i recall the statement of the case, there had been some sort of express
warranty from early bank to later bank ?
in US law the early bank upon a transfer for value, impliedly warrants
to the later that all endorsements are genuine
whatever may be the principle which leads to contribution among tort-feasors,
the function of the warranty implication is to impose the loss finally
on the person who takes from the forger
so if owner goes against first bank, the situation is in repose, while
if owner goes against second bank, that bank can recover back against
first bank
<== Previous message Back to index Next message ==>
»
»
»
»
| For
editorial policy, see here. For the unedited archive, see here. The archive editor is Steve Hedley. |
