622 West 113th Street Corp. v. Chemical Bank New York Trust Co.

Plaintiff’s complaint alleges that the defendant bank, in which it maintained an account, deducted sums from its account ‘ ‘ without authorization or justification.’’* On the trial plaintiff proved it was a depositor, had deposited a New York City Department of Welfare check indorsed by a person who satisfactorily identified herself as the payee, and was notified six months later that the Department of Welfare claimed the indorsement was a forgery, and that the bank accordingly was debiting the account.

The defendant bank in its answer pleaded a general denial and an affirmative defense of…