RAPP v. MFRS. TRUST CO.


15 Misc.2d 332 (1959)

Max Rapp, Plaintiff, v. Manufacturers Trust Company, Defendant.

Municipal Court of the City of New York, Borough of Manhattan.

January 14, 1959.


Attorney(s) appearing for the Case

Shapiro & Schlissel for plaintiff.

Simpson, Thacher & Bartlett (Robert S. Carlson of counsel), for defendant.


MAURICE WAHL, J.

The plaintiff, a depositor in the Manufacturers Trust Company is the drawer of three checks which were drawn by him on his depository, the defendant herein. Plaintiff now seeks to recover the proceeds thereof, which he claims "were diverted through the carelessness and negligence of the defendant, its agents or employees."

In June, 1957 the plaintiff dealt with a Mr. Fox representing Holiday Pools, Inc., for the purpose of building...

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