TED GRANVILLE CO. v. CHEM. BANK & TRUST CO.


8 Misc.2d 806 (1957)

Ted Granville Company, Respondent, v. Chemical Bank and Trust Company, Appellant.

Supreme Court, Appellate Term, First Department.

March 21, 1957.


Attorney(s) appearing for the Case

Peter Gettinger for appellant.

Lester A. Lazarus for respondent.

HOFSTADTER, STEUER and HECHT, JJ., concur.


Per Curiam.

The action is by a depositor against its bank for paying a check on which the plaintiff had directed the bank to refuse payment. The court directed a verdict in favor of plaintiff. While there was no issue that the defendant bank violated plaintiff's instructions and was, at least, negligent in so doing, the defendant may still defend on the ground that the transaction was ratified by the depositor. Whether or not sufficient proof to raise that...

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