Natumal  Ezch.  Bank,  80  Ohio  St.  1:  ''The  rightful  possession
of  a  check  by  no  means  carries  with  it  or  implies  a  right  to
demand  or  receive  payment  of  it  without  the  genuine  indorse-
ment of  the  person  to  whose  order  it  is  made  payable";  and  if
a  banker  accept  or  undertake  to  pay  a  check,  **  he  must  see  to
it,  at  his  peril,  that  he  pays  according  to  the  terms  of  the  order,
and  to  the  party  named  therein,  or  to  one  holding  it  under  the

genuine  indorsement  of  such  payee And  this  is  true,

whether  the  defendant  exercised  the  degree  of  caution  which
bankers  usually  do  in  such  cases,  or  not  The  question  is,
Was  the  check  paid  to  the  par^  to  whom,  by  its  terms,  it  was
made  payable?"    Therefore  the  court  rightly  concluded,  as  a

▲m.  St.  lUr.,  YOk.  XV.— 42


668  Abmstbono  v.  Natiokal  Bavs.  [Ohio^

qnefltion  of  law,  from  tho  facts  found,  that  the  payment  of  the
check  by  the  defendant  was  not  authorized  by  the  plaintill^
and  that  it  could  not  rightly  be  charged  to  her  account.
