The Mechanics National Bank of Worcester v. Worcester County Trust Co.

This action of contract or tort is brought to recover funds paid to the defendant bank as holder of a forged check. The declaration is in four counts: (1) negligence, (2) money had and received, (3) account annexed, and (4) warranties arising from the defendant’s indorse ment of the check. The case was tried to a judge who found for the plaintiff on the negligence count and declined to make findings on the other counts.

The judge made careful and complete findings of fact, which included the following. On September 9, 1952, an unknown man entered the offices of the Worcester County Trust…