GERHARD v. CHEM. BANK N. Y. TRUST


38 Misc.2d 526 (1962)

Julia D. Gerhard, Plaintiff, v. Chemical Bank New York Trust Company, Defendant.

Civil Court of the City of New York, Trial Term, Bronx County.

November 29, 1962


Attorney(s) appearing for the Case

Matthew Lilling for plaintiff. Reilly & Curry for defendant.


ARTHUR WACHTEL, J.

This is an action brought by the plaintiff against the defendant bank upon two causes of action. The first cause of action alleges: "Defendant breached its contract with the plaintiff in that it paid a check dated October 3, 1961 for $200.00 payable to the order of Recine `Way' Caterers to a wrong party and refuses to refund the same to the plaintiff on demand."

The second cause of action is for "Money Had and Received based...

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