BANKERS TRUST CO. v. PHOENIX FASHIONS

No. 288.

14 Pa. D. & C. 2d 620 (1957)

Bankers Trust Co. v. Phoenix Fashions, Inc.

Common Pleas Court of Lackawanna County, Pennsylvania.

October 16, 1957.


Attorney(s) appearing for the Case

Mattes & Mattes, for plaintiff.

William P. Farrell, for defendant.


ROBINSON, J., October 16, 1957.

These are preliminary objections to a complaint in assumpsit.

The complaint alleges that plaintiff is a New York banking corporation, that on or about October 22, 1956, one of its depositors drew and delivered a check payable to defendant, that thereafter the said depositor issued a stop payment order to plaintiff, that through "accident and mistake the plaintiff paid the check...

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