South Boston Trust Co. v. Levin

This is an action of contract to recover the amount of ten checks, presented by the defendant to the plaintiff company and cashed by it. The declaration in its final form contained two counts: the first, relying upon the defendant’s indorsement; the second, relying upon the payments having been made by reason of mistake of fact. The trial judge found for the plaintiff on the second count; the Appellate Division vacated the finding and entered judgment for the defendant. The case is before this court on the plaintiff’s appeal.

The record discloses the following facts: One Denis Healey forged…