[Download] "Connecticut Savings Bank v. First Nat. Bank & Tr" by Supreme Court of Connecticut " eBook PDF Kindle ePub Free

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eBook details

• Title: Connecticut Savings Bank v. First Nat. Bank & Tr
• Author : Supreme Court of Connecticut
• Release Date : January 30, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

On a former appeal, reported in 133 Conn. 403, this court held (p. 414) that the complaint, seeking a declaratory judgment, was not vulnerable to demurrer. The question whether the plaintiff was entitled to bring an action in this form was held to lie within the discretion of the trial court and the case was remanded. In the Superior Court the plaintiff filed an amended complaint under which it sought to recover, on behalf of its insurer, a sum of money debited to its account in the defendant bank on account of a check issued by it. It claimed that the indorsement of the payee thereof had been forged by a third party. The insurer claims to be subrogated to the rights of the plaintiff against the defendant. Judgment was for the defendant and the plaintiff has appealed. The facts are not in dispute except in one particular, as will appear. The record and briefs would easily furnish the basis for a treatise. If the opinion is to be kept within reasonable bounds, discussion of both facts and law must be confined to the precise point on which the case is decided. That point is the effectiveness of a defense that, under the circumstances, the plaintiff, and therefore its insurer, has no rights against the defendant because of the plaintiff's negligence.

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