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KELTON MOTORS, INC. v. PHOENIX OF HARTFORD INS. COS.

Nos. 110 to 112, Dockets 73-1951, 73-2257, 73-2272.

522 F.2d 728 (1975)

KELTON MOTORS, INC. and R. A. McQuaide Milk Transportation Co., Inc., Plaintiffs, v. The PHOENIX OF HARTFORD INSURANCE COMPANIES, and Franklin County Trust Company, Defendants. The PHOENIX OF HARTFORD INSURANCE COMPANIES, Third-Party Plaintiff, v. Willard D. COBB and Franklin County Trust Company, Third-Party Defendants. FRANKLIN COUNTY TRUST COMPANY, Fourth-Party Plaintiff-Appellant, v. Willard D. COBB and Leon Cobb, Individually and d/b/a Econo Car Rental Center and Cobb's Car Company, Inc., Fourth-Party Defendants, Leon Cobb, Fourth-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 22, 1975.

Attorney(s) appearing for the Case

F. Elliott Barber, Jr., Brattleboro, Vt., for fourth-party plaintiff-appellant.

No appearance for fourth-party defendant-appellee.

Before KAUFMAN, Chief Judge, and MULLIGAN and GURFEIN, Circuit Judges.

PER CURIAM:

This is an appeal by the Franklin County Trust Company from a judgment of the United States District Court for the District of Vermont, James S. Holden, Chief Judge, which held that appellee Leon Cobb was not liable to the bank by reason of his having deposited in the account of his partnership at the bank a check which bore a forged endorsement.

Willard D. Cobb in the course of his operation of...

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