Alumax Aluminum Corp. v. Norstar Bank, N. A.

OPINION OF THE COURT

Denman, J.

In this action for conversion of a check on which plaintiff was 1 of 2 named payees, defendant depositary bank appeals from the court’s award of summary judgment to plaintiff for $42,058.33, the amount of the check, plus interest, costs and disbursements. Defendant’s primary contention, and the only one we need address, is that it cannot be held liable in conversion on the facts presented here. We agree.

Sevenson Hotel Associates constructed a hotel in Niagara Falls and engaged the services of MAF Systems, Inc. as a roofing contractor on the job. MAF ordered…