MFRS. TRUST CO. v. DIAMOND


17 Misc.2d 909 (1959)

Manufacturers Trust Company, Appellant, v. Arthur Diamond, Respondent.

Supreme Court, Appellate Term, First Department.

May 21, 1959.


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett (William J. Manning and Whitney North Seymour, Jr., of counsel), for appellant.

Harry A. Roth for respondent.

HOFSTADTER, J. P., and STEUER, J., concur in Per Curiam opinion; TILZER, J., dissents in memorandum.


Per Curiam.

The defendant rested on the plaintiff's case and there is no proof whatever that the defendant was prejudiced by or changed his position in any way in reliance on the plaintiff's conduct. It is self-evident that but for a mistake the plaintiff would not have paid the check for $500 drawn on an account which had already been closed. If we assume that the defendant presented the check and received payment thereon in the belief that the balance in...

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