Massachusetts Bank & Trust Co. v. McGillicuddy

This is an action of contract in three counts wherein the plaintiff is seeking to *172recover from the defendant the sum of $7,500.00 on a check dated September 10, 1969, drawn by the defendant on the South Shore National Bank, payable to Kemp Trans. & Storage, Inc. (Kemp) and endorsed “Fob Deposit Only to the Cbedit of Kemp Teaks. & Stobage, Ikc.” and deposited by Kemp in its payroll checking account with the plaintiff. The answer is a general denial, plea of payment, and failure of consideration.

The trial court found for the defendant.

At the trial there was evidence tending to show the…