ROSENBAUM v. FIRST NAT. CITY BANK


13 A.D.2d 100 (1961)

Sam Rosenbaum, Respondent, v. First National City Bank of New York, Appellant

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

April 18, 1961.


Attorney(s) appearing for the Case

Gilson B. Gray, III, of counsel (Shearman & Sterling & Wright, attorneys), for appellant.

George Popkin for respondent.

BOTEIN, P. J., BREITEL, STEVENS and EAGER, JJ., concur.


RABIN, J.

In this action the defendant bank is sued upon its cashier's check issued to the plaintiff in exchange for a check in like amount drawn on the bank by one of its depositors to the plaintiff as payee. The bank seeks to avoid payment by reason of its alleged mistake in issuing such cashier's check in exchange for its depositor's check upon which payment had been earlier stopped.

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