Opinion
October 25, 1943.
In an action for conversion, order granting defendant's motion to dismiss the amended complaint upon the ground that it does not state facts sufficient to constitute a cause of action reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In view of the allegations of the amended complaint that the indorsements on the checks were without authority and, therefore, forgeries, the amended complaint states a good cause of action. ( Standard S.S. Co. v. Corn Exch. Bank, 220 N.Y. 478, 481; Wagner Trading Co. v. Battery Park Nat. Bank, 228 N.Y. 37.) Close, P.J., Carswell, Johnston, Taylor and Lewis, JJ., concur.