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Smith v. Bank of New York & Trust Co.

246 A.D. 573 Court N.Y. App. Div. English

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p. 573
Philip L. Smith and Others, Copartners, etc., Respondents, v. Bank of New York and Trust Company, Appellant, Impleaded with Another, Defendant.

Action brought by plaintiffs, depositors in defendant bank, to recover the loss caused by the bank’s wrongful payment of two cheeks on forged indorsements of the payee’s name. Order granting plaintiffs’ motion for summary judgment, and the judgment entered thereon, unanimously affirmed, with costs. No opinion. Present — Martin, P. J., Merrell, McAvoy, O’Malley and Glennon, JJ.