MECHANICS NATIONAL BANK v. WORCESTER COUNTY TRUST CO.


341 Mass. 465 (1960)

170 N.E.2d 476

THE MECHANICS NATIONAL BANK OF WORCESTER vs. WORCESTER COUNTY TRUST COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

December 2, 1960.


Attorney(s) appearing for the Case

John P. Dunn, for the defendant.

James S. Gratton, for the plaintiff.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, & CUTTER, JJ.


SPALDING, J.

This action of contract or tort is brought to recover funds paid to the defendant bank as holder of a forged check. The declaration is in four counts: (1) negligence, (2) money had and received, (3) account annexed, and (4) warranties arising from the defendant's indorsement of the check. The case was tried to a judge who found for the plaintiff on the negligence count and declined to make findings on the other...

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