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SELDOWITZ v. MFRS. TRUST

34 Misc.2d 111 (1960)

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

Supreme Court, Appellate Term, First Department.

June 16, 1960

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett (Thomas W. Evans of counsel), for appellant. Charles W. Rosenberg for respondent.

STEUER, J., concurs; HOFSTADTER, J., dissents in part in opinion.

WILLIAM C. HECHT, JR., J.

Plaintiff, a depositor in defendant bank, ordered a stop payment on a check dated February 11, 1959 for $1,458. The bank refused to accept the stop order unless plaintiff signed its form, pursuant to which the depositor agrees that the bank "will in no way be responsible or liable for * * * payment of the said instrument through error, inadvertence, negligence or carelessness". The...

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