GOVONI & SONS CONSTRUCTION CO., INC. v. MECHANICS BANK; MADDALENA

No. 97-P-117.

51 Mass. App. Ct. 35 (2001)

GOVONI & SONS CONSTRUCTION CO., INC., & others v. MECHANICS BANK; JAMES A. MADDALENA & others, third-party defendants.

Court of Appeals of Massachusetts, Worcester.

February 23, 2001.


Attorney(s) appearing for the Case

Herbert Lemelman (Frederick Trilling & Philip F. Mulvey, Jr., with him) for the plaintiffs.

John O. Mirick (William S. Rogers, Jr., with him) for Mechanics Bank.

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


ARMSTRONG, C.J.

These cross appeals concern the proper allocation between a bank and its customers of the loss brought about through a check fraud scheme perpetrated by the customers' accountant. The judge's findings of fact, summarized below, were supported by the evidence adduced at the bench trial.

The customers (the Govonis) are small, family-owned companies, of which Henry Govoni was president and Donald Govoni, Sr., and Donald Govoni, Jr., were the treasurers...

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