MBTA Employees Credit Union v. Employers Mutual Liability Insurance

MEMORANDUM AND ORDER MOTION FOR SUMMARY JUDGMENT

SKINNER, District Judge.

The plaintiff has filed a Motion for Summary Judgment based upon an affidavit, the transcript of a deposition of an employee of State Street Trust Company, and Answers to Interrogatories. The defendant has filed an opposition thereto and a counter affidavit. The uncontroverted facts are as follows:

The plaintiff Credit Union issues checks on its own preprinted form. The check is made out with a check-writing machine which impresses the check with the amount and also the authorized facsimile signature of one of plaintiff’s…