Lang v. Bank of Nova Scotia

MEMORANDUM OPINION AND ORDER

The instant litigation arises out of the embezzlement by the qualified Receiver of Quantum Corporation of two *436checks issued to the Receiver by the Bank of Nova Scotia. Briefly stated, plaintiff American Fidelity Fire Insurance Company, subrogee of the foregoing funds, along with the Trustee in Bankruptcy, alleges that because the issuance of the checks to the Receiver in his individual name violated the conditions and restrictions imposed upon and accepted by the bank, the bank is thus liable as a converter of the bankruptcy funds.

I

Defendant bank moves pursuant to…