VOLPE v. EMIGRANT IND. SAV. BANK


277 A.D. 543 (1950)

Antonio Volpe, Respondent, v. Emigrant Industrial Savings Bank, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 4, 1950.


Attorney(s) appearing for the Case

John E. McAniff, Lester T. O'Connor and Edwin A. Berkery for appellant.

Roderick B. Travis and Rocco Leone for respondent.

NOLAN, P. J., JOHNSTON and SNEED, JJ., concur in Per Curiam opinion; CARSWELL, J., concurs in the result; ADEL, J., concurs, with separate memorandum.


Per Curiam.

On April 19, 1945, plaintiff had a savings account with the defendant. On that day he personally withdrew $5,000 from his account upon his duly executed withdrawal slip. He received therefor a teller's check to his own order, drawn on a commercial bank in which the defendant had funds on deposit.

On that day or the following day he went to North Carolina, taking the check and the bankbook with him...

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