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AMERICAN BUILDING MAIN. CO. OF CAL. v. FEDERATION B. & T. CO.

213 F.Supp. 412 (1963)

AMERICAN BUILDING MAINTENANCE COMPANY OF CALIFORNIA INCORPORATED, Plaintiff, v. FEDERATION BANK & TRUST COMPANY, Defendant.

United States District Court S. D. New York.

January 11, 1963.

Attorney(s) appearing for the Case

Rogers, Hoge & Hills, New York City, for plaintiff; Alfred P. O'Hara, Kenneth L. Everett, New York City, of counsel.

Maurice, McNamee & White, New York City, for defendant; Stewart Maurice, Thomas E. White, William P. Sullivan, Jr., New York City, of counsel.

DIMOCK, District Judge.

This is an action by American Building Maintenance Company of California Incorporated, a depositor in defendant Federation Bank & Trust Company, to recover amounts paid out by the bank on checks drawn by plaintiff but bearing forged indorsements.

ESTOPPEL

The duty of a bank to refrain from honoring a depositor's checks presented with forged indorsements is contractual. The depositor may, however, estop himself from enforcing...

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