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CITIZENS STATE BANK v. NATIONAL SUR. CORP.

No. 79SC47.

612 P.2d 70 (1980)

CITIZENS STATE BANK, d/b/a Citizens Bank, a Colorado Banking Corporation, Petitioner, v. NATIONAL SURETY CORPORATION, a New York Corporation, and Dayco Corporation, an Ohio Corporation, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing July 7, 1980.

Attorney(s) appearing for the Case

Weller, Friedrich, Hickisch & Hazlitt, H. Gayle Weller, John R. Hickisch, Denver, for petitioner.

Weinshienk, Miller, Goldburg & Borus, Hubert T. Weinshienk, Kenneth C. Groves, Denver, for respondents.

HODGES, Chief Justice.

The plaintiffs, National Surety Corporation and Dayco Corporation, alleged in the trial court that certain Dayco Corporation employees forged endorsements on checks payable to Dayco and then deposited these checks in their personal accounts maintained with the defendant, Citizens State Bank ("Bank"). National Surety Corporation partially indemnified Dayco and is a party-plaintiff under its subrogation rights. The plaintiffs pled three causes...

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