STATE BK., KENMORE v. HANOVER INS. CO.


49 Misc.2d 341 (1965)

State Bank of Kenmore, Plaintiff, v. Hanover Insurance Company, Defendant.

Supreme Court, Erie County.

April 14, 1965


Attorney(s) appearing for the Case

F. Paul Norton and John Markarian for plaintiff. Vaughan, Brown, Kelly, Turner & Symons (Mark N. Turner of counsel), for defendant.


WILLIAM B. LAWLESS, J.

The plaintiff bank, as insured under a bankers' blanket bond, and the defendant insurance company have submitted a controversy upon an agreed statement of facts pursuant to CPLR 3222.

On December 3, 1962 plaintiff lent C. Elias & Sons, Inc., hereafter referred to as the borrower, a sum of money in reliance upon the assignment of accounts receivable which the borrower represented to be valid accounts. On February 14,...

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