Legal Opinion

E & G Food Corp. v. Cumberland Farms, Inc.

Massachusetts District Court, Appellate Division

Decided August 30, 2011Published

1Opinion of the CourtHadley, J.

The plaintiff, E & G Food Corp., is in the business of cashing checks for its customers for a fee. In February, 2009, the plaintiff was presented with four payroll checks totaling $2,809.70 that were allegedly issued by the defendant, Cumberland Farms, Inc. The plaintiff cashed the checks, but when the plaintiff presented the checks to Bank of America for deposit, the bank refused to honor them because they were counterfeits. The plaintiff commenced this action against the defendant, asserting that the defendant acted negligently in allowing its payroll checks to be preprinted with signatures…

2Cases cited5 opinions

  1. New Bedford Institution for Savings v. GildroyMassachusetts Appeals Court · 1994
  2. Federico v. Brockton Credit UnionMassachusetts Appeals Court · 1995
  3. Ingersoll-Rand Financial Corp. v. AndersonCourt of Appeals for the Third Circuit · 1990
  4. Frishman v. MaginnMassachusetts Appeals Court · 2009
  5. David v. First Nat. Bank of CommerceLouisiana Court of Appeal · 1995

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