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  5. 16 A.D.2d 215 (1962)
 

MOORE v. GOTHAM BANK

16 A.D.2d 215 (1962)

Robert H. Moore, Appellant, v. Gotham Bank, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 17, 1962.

Attorney(s) appearing for the Case

Stewart Maurice of counsel (Charles R. McNamee, Frank C. Mason, Robert C. La Borde, Jr., with him on the brief; Maher & Mason, attorneys), for appellant.

Samuel Mezansky of counsel (Harold Henry with him on the brief; David Berg, attorney), for respondent.

BREITEL, J. P., RABIN, VALENTE and STEUER, JJ., concur in Memorandum; EAGER, J., concurs in opinion.

MEMORANDUM BY THE COURT.

The key issue in this case is whether the plaintiff's employee had authority to stamp the indorsement on the checks which were subsequently deposited in a bank other than that in which the plaintiff had an account. An absence of such authority would render the indorsement a forgery so that the defendant bank could be held liable for the diverted proceeds of the check (see McCabe Hanger Mfg. Co...

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