INT'L PRESS CLIPPING BUR. v. AM. TRUST CO.


28 Misc.2d 638 (1960)

International Press Clipping Bureau, Inc., Respondent, v. American Trust Company, Defendant-Appellant and Third-Party Plaintiff. Jacques M. Fisher, Third-Party Defendant.

Supreme Court, Appellate Term, First Department.

November 23, 1960


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston (John J. McManus of counsel), for appellant. Max Guttman for respondent.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

Triable issues are presented as to whether the check in suit was mistakenly certified after the drawer had instructed the defendant bank to stop payment and as to whether the plaintiff payee suffered any damage or changed its position because of this certification. Plaintiff deposited the check in his own bank for collection and defendant returned it unpaid marked "payment stopped". The defendant bank may be absolved of liability to the plaintiff...

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