MICHAELS v. FIRST NATIONAL BANK OF SCRANTON


73 Pa. D. & C. 29 (1950)

Michaels v. First National Bank of Scranton

Common Pleas Court of Lackawanna County, Pennsylvania.

March 10, 1950.


Attorney(s) appearing for the Case

Edward A. Reilly and Michael R. Shehadi, for petitioner.

Charles H. Welles, 3rd, for exceptant.

Before Hoban, P.J., Eagen and Robinson, JJ.


The facts appear from the following adjudication of:

HOBAN, P.J.

This is an action in assumpsit by a depositor against his bank to recover money paid out by the bank against depositor's account notwithstanding a stop-payment order against the check in question. Defendant denied any oral order to stop payment, admitted a written order, and pleaded release of liability against failure to obey the stop order and no damage. By reply plaintiff challenges the release...

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