ATLANTIC MUT. INS. CO. v. THE PROVIDENT BANK

No. 95 CV 20501.

79 Ohio Misc.2d 5 (1996)

ATLANTIC MUTUAL INSURANCE COMPANY v. THE PROVIDENT BANK.

Hamilton County Municipal Court.

Decided February 29, 1996.


Attorney(s) appearing for the Case

Lindhorst & Dreidame and Barry F. Fagel, for plaintiff.

John R. Wirthlin, for defendant.


TIMOTHY S. BLACK, JUDGE.

This civil case presents the close question as to who should bear the loss occasioned by a criminal having cashed two forged payroll checks: (1) the bank which cashed the checks, or (2) the business which employed the thief, or (3) both parties to the degrees of their respective fault.

Pursuant to Civ.R. 56, if there is no genuine issue of material fact in dispute, and, upon those facts, entry of judgment as a matter of law can be...

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