Legal Opinion
Atlantic Mutual Insurance v. Provident Bank
Hamilton County Municipal Court
Decided February 29, 1996No. 95 CV 20501PublishedCited by 3 opinions
1Opinion of the Court
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 granted, judgment should issue summarily. Civ.R. 56; Adkins v. Ontario (1983), 8 Ohio St.3d 45, 46, 8 OBR 406, 407, 457 N.E.2d 317, 318.…
2Cases cited7 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- First Federal Savings & Loan Ass'n of Toledo v. Perry's Landing, Inc.Ohio Court of Appeals · 1983
- Ed Stinn Chevrolet, Inc. v. National City BankOhio Supreme Court · 1986
- G.F.D. Enterprises, Inc. v. NyeOhio Supreme Court · 1988
- Adkins v. Village of OntarioOhio Supreme Court · 1983
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3Cited by3 opinions
- Halifax Corp. v. Wachovia BankSupreme Court of Virginia · 2004
- Hartford Fire Ins. v. First Union National BankFairfax County Circuit Court · 1998
- Micro Experts, Inc. v. Edison Technologies, Inc.Ohio Court of Appeals · 1997