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GOODSPEED'S BOOK SHOP v. ST STREET BANK & TRUST

8 Mass. App. Ct. 147 (1979)

391 N.E.2d 1262

GOODSPEED'S BOOK SHOP, INC. vs. STATE STREET BANK AND TRUST COMPANY, trustee, & another; SOTHEBY PARKE BERNET & CO., intervener (and a companion case).

Appeals Court of Massachusetts, Suffolk.

July 20, 1979.

Attorney(s) appearing for the Case

Stephen Gordet for Sotheby Parke Bernet & Co., intervener.

Francis H. Fox for the plaintiffs.

Present: HALE, C.J., ARMSTRONG, & DREBEN, JJ.

DREBEN, J.

These appeals involve the question who among three defrauded parties is entitled to the proceeds of a check.

There appears to be no dispute as to the facts, and they are taken from the complaints of the plaintiffs and the intervener and from the answer of the trustee. See Musolino, LoConte Co. v. Costa, 304 Mass. 253, 255-256 (1939).

In 1975 one Moskaluk fraudulently obtained...

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