California, United States of America
The following excerpt is from U.S. Rubber Co. v. Union Bank & Trust Co., 15 Cal.Rptr. 385, 194 Cal.App.2d 703 (Cal. App. 1961):
The payee of the check, however, has its rights against the forger and furthermore it still has its rights against the drawer of the check. See Jones v. Bank of America, supra, 49 Cal.App.2d 115, 124, 121 P.2d 94.
The ultimate effect of the appellant's argument is to put form above substance.
The payee never had any contract right against the bank as the bank never received any money from the payee, it had no money belonging to the payee and never promised to pay it anything. See Jones v. Bank of America, supra, 49 Cal.App.2d at page 124, 121 P.2d at page 99. If the payee had no right against the bank it is difficult indeed to see how the bank could convert anything of the payee's. The right which the payee had was a claim against the maker of the check and it still has that right.
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