Banker’s Liability on Forged Indorsements.
The paying banker is not liable upon a forged or unauthorized indorsement, but the collecting banker is in the case of uncrossed cheques, and, according to a recent decision by the House of Lords, may be upon crossed ones. If a banker credit his customer’s account with the amount of a crossed cheque after it has been cleared, he is protected by Section 82 of the Bills of Exchange Act; but should he credit his client’s account with the said cheque before he himself has collected it, then he ceases to be a mere agent, and becomes a holder for value, and, consequently, liable upon a forged indorsement. As it is usual, both in London and the provinces, to credit a customer’s account with cheques on the day that he pays them in, it follows that an employer, if his agent have indorsed crossed cheques without authority and placed them to an account in his own name, can recover their amount from his agent’s banker.