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COMMERCIAL TRADING CO. v. TRADE BANK & TRUST CO.

207 Misc. 510 (1954)

Commercial Trading Company, Plaintiff, v. Trade Bank and Trust Company, Defendant and Third-Party Plaintiff. Federal Reserve Bank of New York, Third-Party Defendant.

Supreme Court, Trial Term, New York County.

December 16, 1954.

Attorney(s) appearing for the Case

Sydney Krause and Bernard Wexler for plaintiff.

Peter Gettinger for defendant and third-party plaintiff.

John J. O'Connor and David S. Konheim for third-party defendant.

FRANK, J.

For convenience, the plaintiff will be referred to as Commercial, the defendant and third-party plaintiff as Trade Bank, and the third-party defendant as Federal Reserve.

The plaintiff, a depositor in the defendant bank, seeks to recover the sum of $3,400, claimed to be due upon an alleged unauthorized payment of three checks totaling $5,000. The difference has been repaid by one W. F. Kelly...

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