Legal Opinion

Gabovitch v. Coolidge Bank & Trust Co.

Massachusetts District Court, Appellate Division

Decided April 11, 1980Published

1Opinion of the CourtFeloney, J.

This is an action to recover $17,210.50 charged against the plaintiff-drawer’s account with the defendant-bank as a result of the defendant’s payment of five checks bearing alleged “incorrect, forged, fraudulent and unauthorized endorsements, improper on their face.”

At trial there was evidence tending to show that: The plaintiff purchased Scotch malt whiskey which was to be delivered to bonded warehouses in Scotland. The proper product was never delivered. In payment for these purchases, plaintiff William Gabovitch drew four checks on his account with the defendant in October, 1972, in the…

2Cases cited17 opinions

  1. Jordan Marsh Co. v. National Shawmut BankMassachusetts Supreme Judicial Court · 1909
  2. Moroni v. BrawdersMassachusetts Supreme Judicial Court · 1944
  3. Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
  4. Gotham-Vladimir Advertising, Inc. v. First National City BankAppellate Division of the Supreme Court of the State of New York · 1967
  5. Gordon v. State Street Bank & Trust Co.Massachusetts Supreme Judicial Court · 1972

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