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VATAKIS v. ASBURY PARK NAT. BANK AND TRUST CO.

43 N.J. Super. 193 (1956)

128 A.2d 9

MRS. RUTH VATAKIS, TRUSTEE FOR JOHN FERRARO, PLAINTIFF-APPELLANT, v. ASBURY PARK NATIONAL BANK AND TRUST COMPANY, A BANKING CORPORATION ORGANIZED UNDER THE NATIONAL BANKING ACT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 28, 1956.

Attorney(s) appearing for the Case

Mr. Harry L. Giberson argued the cause for the appellant (Mr. Amos E. Kraybill, Jr., attorney; Mr. Joseph F. Mattice, of counsel).

Mr. Donald J. Cunningham argued the cause for the respondent (Messrs. Durand, Ivins & Carton, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by FRANCIS, J.A.D.

Plaintiff sued to recover $900 which she alleged the defendant bank had improperly charged against a savings account maintained by her as "John Ferrero, [sic] Mrs. Ruth Vatakis, Trustee." After a consideration of the undisputed facts (to be detailed), the trial court entered judgment for defendant.

Prior to September 26, 1955 Ruth Vatakis and Mike Vatakis, husband and wife, had a joint checking...

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