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Stone & Webster Engineering Corp. v. First National Bank & Trust Co.

Supreme Judicial Court of Massachusetts

184 N.E.2d 358 (1962)

Relevant factsFree

An employee of Stone & Webster (plaintiff) forged indorsements on three checks totaling over $64,000 issued to Westinghouse, then presented the checks for payment to First National Bank & Trust (defendant), which paid them and was reimbursed by the drawee bank; the drawee bank refused to credit Stone's account for the forged checks. Stone sued First National (the collecting bank), asserting conversion of the checks; the trial court dismissed the complaint, and Stone appealed.

IssueFree

Whether, under the Uniform Commercial Code, a drawer of a check that has a forged indorsement has a cause of action against a collecting bank that pays the check.

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