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E.S.P., INC. v. MIDWAY NAT. BANK

No. C5-88-1940.

447 N.W.2d 882 (1989)

E.S.P., INC., Respondent, v. MIDWAY NATIONAL BANK OF ST. PAUL, Defendant and Third-Party Plaintiff, Petitioner, Appellant, v. FIRST BANK ROBBINSDALE, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

November 17, 1989.

Attorney(s) appearing for the Case

Robert W. Murnane, Paul B. Kilgore, Murnane, Conlin, White, Brandt & Hoffman, St. Paul, for appellant.

John C. Thomas, A. Reid Shaw, Oppenheimer, Wolff & Donnelly, Minneapolis, for First Bank Robbinsdale.

Robert G. Share, Briggs and Morgan, Minneapolis, for E.S.P., Inc.

Heard, considered and decided by the court en banc.

KELLEY, Justice.

E.S.P., Inc., one of two payees of a check drawn on appellant, Midway National Bank of St. Paul (Midway), in this suit alleges that by remitting funds over a forged endorsement to the First State Bank of Robbinsdale (First Bank) for deposit to the account of the other payee, Midway had converted funds belonging to E.S.P., Inc. Minn.Stat. § 336.3-419(1)(c) (1988). Midway commenced a third-party action against First Bank in which it alleges First...

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