STONE & WEBSTER ENG'G CORP. v. FIRST NATL. BANK & TRUST


345 Mass. 1 (1962)

184 N.E.2d 358

STONE & WEBSTER ENGINEERING CORPORATION vs. THE FIRST NATIONAL BANK & TRUST COMPANY OF GREENFIELD.

Supreme Judicial Court of Massachusetts, Suffolk.

July 16, 1962.


Attorney(s) appearing for the Case

Joseph P. Rooney (Bancroft R. Wheeler with him) for the plaintiff.

Warren G. Reed (William A. King with him) for the defendant.

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


WILKINS, C.J.

In this action of contract or tort in four counts for the same cause of action a demurrer to the declaration was sustained, and the plaintiff, described in the writ as having a usual place of business in Boston, appealed. G.L. (Ter. Ed.) c. 231, § 96. The questions argued concern the rights of the drawer against a collecting bank which "cashed" checks for an individual who had forged the payee's indorsement on the checks, which were never delivered...

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