COMMANDER-LARABEE M. CO. v. MANUFACTURERS & T. TR. CO.

Civil Action No. 2139.

61 F.Supp. 341 (1945)

COMMANDER-LARABEE MILLING CO. v. MANUFACTURERS & TRADERS TRUST CO.

District Court, W. D. New York.

June 12, 1945.


Attorney(s) appearing for the Case

Saperston, McNaughtan & Saperston, of Buffalo, N. Y. (Richard H. Wile, of Buffalo, N. Y., of counsel), for plaintiff.

Babcock, Newbury & Russ, of Buffalo, N. Y. (Hugh McM. Russ, of Buffalo, N. Y., of counsel), for defendant.


KNIGHT, District Judge.

This action is brought to recover the amount of numerous checks properly drawn by plaintiff, but upon which the payee's endorsement was forged. We have previously considered this matter to some extent, and on April 9, 1945, we ordered plaintiff to serve a bill of particulars. 4 F.R.D. 296.

Defendant now moves under Rules 12(b) and (f), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, on the complaint and the bill...

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