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FED. INS. CO. v. GROVELAND STATE BANK

44 A.D.2d 182 (1974)

Federal Insurance Company, Appellant-Respondent, v. Groveland State Bank, Respondent-Appellant

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

April 11, 1974.

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Michael Tomaino and Peter J. Bush of counsel), for appellant-respondent.

Harris, Beach & Wilcox (Edward R. Macomber of counsel), for respondent-appellant.

MARSH, P. J., MOULE, SIMONS and MAHONEY, JJ., concur.

DEL VECCHIO, J.

Plaintiff, as subrogee by virtue of payment under an employees' fidelity bond, seeks to recover $333,829.74 (less applicable salvage), the sum received by defendant Groveland State Bank on cashing checks drawn to its order by plaintiff's assignor, Lincoln Rochester Trust Company, and credited by defendant to an account of one of its depositors, Jaquish, an embezzling trust officer of Lincoln....

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