Stone & Webster Engineering Corp. v. First National Bank & Trust Co.

/"ilkins, C.J.

In this action of contract or tort in four nts for the same cause of action a demurrer to the decration was sustained, and the plaintiff, described in the writ as having a usual place of business in Boston, appealed. G. L. (Ter. Ed.) c. 231, § 96. The questions argued concern the rights of the drawer against a collecting bank which “cashed” checks for an individual who had forged the payee’s indorsement on the checks, which were never delivered to the payee.

In the first count, which is in contract, the plaintiff alleges that between January 1,1960, and May 15,1960, it was…