TWELLMAN v. LINDELL TRUST CO.

Nos. 35964, 35965.

534 S.W.2d 83 (1976)

Harvey TWELLMAN, Plaintiff-Respondent, v. LINDELL TRUST COMPANY, a corporation, Defendant, Third-Party Plaintiff (Appellant), v. CONTINENTAL BANK & TRUST COMPANY, a corporation, Third-Party Defendant (Appellant).

Missouri Court of Appeals, St. Louis District, Division Three.

February 10, 1976.


Attorney(s) appearing for the Case

Barnard, Baer, Lee, Timm & McDaniel, Michael J. Doster, Herbert E. Barnard, St. Louis, for third-party defendant (appellant).

Evans & Dixon, Ralph C. Kleinschmidt, Gerard F. Hempstead, St. Louis, for defendant, third party plaintiff (appellant).

Greenfield, Davidson, Mandelstamm & Voorhees, Lawrence N. Doreson, Alphonso H. Voorhees, St. Louis, for plaintiff-respondent.


McMILLIAN, Judge.

This is a civil action for money damages sustained by plaintiff when defendant, Lindell Trust Company (Lindell Trust), paid a Treasurer's check bearing a forged endorsement. Lindell Trust brought a third-party action against defendant, Continental Bank and Trust Company (Continental) alleging that Continental had guaranteed and warranted that the endorsement in question was genuine and that the endorser had the authority to endorse. At the close...

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