Goodspeed's Book Shop, Inc. v. State Street Bank & Trust Co.

These appeals involve the question who among three defrauded parties is entitled to the proceeds of a check.

There appears to be no dispute as to the facts, and they are taken from the complaints of the plaintiffs and the intervener and from the answer of the trustee. See Musolino, LoConte Co. v. Costa, 304 Mass. 253, 255-256 (1939).

*148In 1975 one Moskaluk fraudulently obtained $7,000 in cash from The First National Bank of Boston (First National) through manipulations involving checks which he deposited for collection knowing that payment on such checks had been stopped. In early 1977 the same…