Horace Gray

“ The first step in bringing about the payment is the act of the holder of the check in assuming and representing himself to have a right, which he has not, to receive the money. One who, by presenting forged paper to a bank, procures the payment of the amount thereof to him, even if he makes no express warranty, in law represents that the paper is genuine; and, if the payment is made in ignorance of the forgery, is liable to an action by the bank to recover back the money which, in equity and good conscience, has never ceased to be its property. ”

“ The bank cannot discharge its liability to account with the depositor to the extent of the deposit, except by payment to him, or to the holder of a written order from him, usually in the form of a check. If the bank pays out money to the holder of a check upon which the name of the depositor, or of a payee or indorsee, is forged, it is simply no payment as between the bank and the depositor ”

“ Wareham, 7 Metc. 438, the supreme judicial court of Massachusetts, speaking by Chief Justice SHAW, held that a party receiving money in advance on a contract which he had no authority to make, and afterwards refused to fulfill, was liable to the other party in an action for money had and received, without averment or proof of any previous demand. ”