Kelton Motors Inc. v. Phoenix of Hartford Insurance Companies - United States Court of Appeals for the Second Circuit

Kelton Motors Inc. v. Phoenix of Hartford Insurance Companies

By United States Court of Appeals for the Second Circuit

  • Release Date - Published: 1975-09-22
  • Book Genre: Law
  • Author: United States Court of Appeals for the Second Circuit
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Kelton Motors Inc. v. Phoenix of Hartford Insurance Companies United States Court of Appeals for the Second Circuit read online review & book description:

This is an appeal by the Franklin County Trust Company from a judgment of the United States District Court for the District of Vermont, James S. Holden, Chief Judge, which held that appellee Leon Cobb was not liable to the bank by reason of his having deposited in the account of his partnership at the bank a check which bore a forged endorsement. Willard D. Cobb in the course of his operation of the Taylor Insurance Agency in Brattleboro, Vermont, received a check dated March 27, 1968, in the amount of $13,750, issued by The Phoenix of Hartford Insurance Companies (""Phoenix"") and payable to the order of R. A. McQuaide Milk Transport (""McQuaide""). The check was issued in payment of a property loss incurred by McQuaide under a policy issued by Phoenix through the Taylor Agency. Appellee Leon Cobb had no connection with or interest in the Taylor Insurance Agency. Willard D. Cobb, without authorization from the payee, fraudulently endorsed the instrument in the name of the payee. He then added his own endorsement ""For deposit only - Franklin County Trust Co., Willard D. Cobb.""

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