King-Of-All Manufacturing, Inc. v. Genesee Merchants Bank & Trust Co.

From an order granting summary judgment in favor of defendant, plaintiff appeals.

The parties do not dispute the facts. Plaintiff is the successor to King Manufacturing Company, a sole proprietorship operated by Reta Mclnnes. The company had an agreement with defendant bank that required the signatures of both Robert Mclnnes, Reta Mclnnes’ son, and Ronald Phillips on checks drawn on the company’s account with defendant.

Between April, 1970 and August, 1972, defendant paid from the company’s account a number of checks without the signature of Phillips. In September, 1972, defendant refused…