GLUCKMAN V. DARLING, 85 N.J.L. 457, 89 Atl.

1016 (1914)
FACTS: This is based on an action filed by Gluckman against H.L.
Darling on a promissory note.
1. Gluckman alleged he was a bona fide holder for value and
the defendant was a prior indorser of the promissory note
and Charles Flynn as the maker
2. Darling denied he was an indorser and claimed that his
signature that appeared on the promissory note was a
forgery
3. As found during the trial, the promissory notes were issued
by Flynn and indorsed by Darling as payment for the sale of
real estate of Balene & Max.
4. Balene & Max requested the presence of Darling to verify the
promissory notes.
5. Darling examined the notes and then said, Everything is all
right.
6. The notes were then accepted on the account of the
purchase price of the property.

ISSUE: WON defendant Darling is estopped from raising forgery
as a defense

HELD: Yes. As a general rule, forgery is a real defense. A person
whose signature to an instrument was forged was never a party
and never consented to the contract which gave rise to the
instrument. However, Sec 23 makes an exception to this rule
where the party against whom it is sought to enforce a right is
precluded form setting up the forgery or want of authority.

Where the holder of a note has been willfully misled as to
the genuineness of an indorsement thereon by one who
purports to be the indorser and sustains damage or is
prejudiced thereby, the alleged indorser will be estopped
from denying the validity of the signature.

CAB: Since the evidence tended to show that the language and
conduct of defendant Darling, when the note was exhibited to him,
was calculated to induce the plaintiff to believe that what
purported to be the indorsement of the defendant was genuine,
and that the plaintiff acted upon such belief to his damage, Darling
is estopped from raising forgery as a defense.

PNB V. QUIMPO, G.R. NO L-53194 (1988)
FACTS:

ISSUE:

HELD:

PNB V. NATL CITY BANK OF NEW YORK
FIRST NATL BANK OF PORTLAND V. NOBLE
JAI ALAI CORP V. BANK OF THE PHILIPPINE ISLANDS
BANCO DE ORO V. EQUITABLE BANKING CORP
TOLMAN V. AMERICAN NATL BANK
DETROIT PISTON RING CO V. WATNE COUNTRY & HOME SAVINGS
BANK
FOUTCH V. ALEXANDRIA BANK & TRUST CO
MARINE NATL BANK V. NATL CITY BANK
REPUBLIC BANK V. CA & FIRST NATIONAL CITY BANK
COHN V. CITY OF TAUNTON
WEINER V. PENNSYLVANIA CO
DOUGHERTY V. SALT