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McCARTHY, KENNEY & REIDY v. FIRST NATL. BK. OF BOSTON

402 Mass. 630 (1988)

524 N.E.2d 390

McCARTHY, KENNEY & REIDY, P.C. vs. THE FIRST NATIONAL BANK OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 20, 1988.

Attorney(s) appearing for the Case

Allan van Gestel for the plaintiff.

Robert L. Klivans (Lisa A. Wallace with him) for The First National Bank of Boston.

Alan D. Rose (Lisa C. Wood & David S. Newman with him) for Indian Head National Bank.

Richard A. Savrann, for Guaranty-First Trust Company, was present but did not argue.

Melinda Meadow Berman, for Waltham Savings Bank, submitted a brief.

Present: WILKINS, LIACOS, ABRAMS & NOLAN, JJ.

WILKINS, J.

This case concerns the consequences to the parties of the embezzlements of one Mowatt, a former bookkeeper for the plaintiff law firm. Mowatt forged indorsements on checks that had been drawn on the law firm's checking account at the defendant The First National Bank of Boston (First National Bank) and signed by authorized representatives of the law firm. Mowatt cashed or deposited each check at one of the three banks named as third-party defendants. Each...

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