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INT'L FIREARMS v. KINGSTON TRUST

6 A.D.2d 171 (1958)

International Firearms Co., Ltd., Appellant, v. Kingston Trust Company, Respondent

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

July 3, 1958.

Attorney(s) appearing for the Case

Hugh R. Elwyn for appellant.

George Rusk and Bernard A. Feeney, Jr., for respondent.

FOSTER, P. J., and REYNOLDS, J., concur with BERGAN, J.; COON, J., dissents, in a memorandum in which HERLIHY, J., concurs in a separate memorandum.

BERGAN, J.

The plaintiff is a Canadian corporation and is the successor in interest to the Sportmen's Wholesale Supply, the payee of a check drawn by the defendant Kingston Trust Company on the Federal Reserve Bank of New York for $1,000. Payment was stopped by the defendant; and this action is for the recovery of the amount of the check. The court at Special Term, after a trial, has granted judgment for defendant...

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