S. Yanowe & Co. v. American Exchange Irving Trust Co.

Plaintiff sues in conversion on twelve causes of action. In each one it alleges that the defendant American Exchange Irving Trust Company, with which it had an account, converted moneys by the payment of plaintiff’s funds to the payee of a specific check upon a forged indorsement. The defendants appeal from orders granting motions for summary judgment for the full amount sued for.

The orders appealed from were properly made, except in so far as they relate to the second, fifth and eleventh causes of action. As to these causes of action I think a severance should be ordered and a trial had. The…