Legal Opinion · Concurrence
Filor, Bullard & Smyth v. Insurance Company of North America
Court of Appeals for the Second Circuit
Decided September 21, 1978No. 567, 568, Dockets 77-7468, 77-7488Published
1ConcurrenceLumbard, Circuit Judge
Decision in this appeal turns upon whether unauthorized but otherwise genuine signatures are “forgeries” under New York law. In this diversity action, the brokerage firm of Filor, Bullard & Smyth [Filor] seeks to recover from its insurer, Insurance Company of North America [INA], losses Filor suffered when Douglas Schotte, formerly President of Eatontown National Bank, wrote fourteen unauthorized cashier’s checks to the order of Filor. Using the funds so obtained, Schotte began trading in securities for his own personal benefit, falsely representing to Filor that he was trading on behalf of…
2Cases cited5 opinions
- Lachs v. Fidelity & Casualty Co.New York Court of Appeals · 1954
- Pan American World Airways, Inc. v. Aetna Casualty & Surety Co.Court of Appeals for the Second Circuit · 1974
- Fitzgibbons Boiler Co. v. Employers' Liability Assur. Corp.Court of Appeals for the Second Circuit · 1939
- People v. YoungAppellate Court of Illinois · 1974
- People v. Dairylea Cooperative, Inc.Appellate Division of the Supreme Court of the State of New York · 1976