CLARENCE D. DAVIS, INC. v. CHEMUNG CANAL TRUST CO.


9 A.D.2d 562 (1959)

Clarence D. Davis, Inc., Respondent, v. Chemung Canal Trust Company, Appellant

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

August 13, 1959


The appeal relates to a cause of action against the bank for the wrongful payment of a check drawn by plaintiff upon its account in the defendant bank, payable to one Lawrence Doody in the sum of $800 after the plaintiff had notified the bank to stop payment thereon. Implicit in the jury's verdict is a finding that timely and adequate notice to stop payment of the check was given to the bank, and that thereafter the bank honored the check and paid the money to the payee named...

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