Legal Opinion
Govoni & Sons Construction Co. v. Mechanics Bank
Massachusetts Appeals Court
Decided February 23, 2001No. 97-P-117PublishedCited by 25 opinions
1Opinion of the CourtArmstrong, C.J.
These cross appeals concern the proper allocation between a bank and its customers of the loss brought about through a check fraud scheme perpetrated by the customers’ accountant. The judge’s findings of fact, summarized below, were supported by the evidence adduced at the bench trial.
The customers (the Govonis) are small, family-owned companies, of which Henry Govoni was president and Donald Govoni, Sr., and Donald Govoni, Jr., were the treasurers. For more than twenty years, the Govonis employed James A. Maddalena as their accountant. The Govonis placed their trust in Maddalena, allowing…
2Cases cited44 opinions
- Levings v. Forbes & Wallace, Inc.Massachusetts Appeals Court · 1979
- Sun'n Sand, Inc. v. United California BankCalifornia Supreme Court · 1978
- Correia v. Firestone Tire & Rubber Co.Massachusetts Supreme Judicial Court · 1983
- General Motors Acceptance Corp. v. Abington Casualty InsuranceMassachusetts Supreme Judicial Court · 1992
- Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
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3Cited by25 opinions
- Mutual Service Casualty Insurance Company, as Subrogee of Jo Daviess Services, Inc. v. Elizabeth State Bank, an Illinois State Chartered BankCourt of Appeals for the Seventh Circuit · 2001
- Southwest Bank v. Information Support Concepts, Inc.Texas Supreme Court · 2004
- Continental Casualty Co. v. American National Bank & Trust Co.Appellate Court of Illinois · 2002
- Bank of America, N.A. v. Prestige Imports, Inc.Massachusetts Appeals Court · 2009
- Travelers Casualty & Surety Co. v. Washington Trust BankWashington Supreme Court · 2016
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