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ROSENBAUM v. FIRST NAT'L CITY BANK OF NEW YORK

11 N.Y.2d 845 (1962)

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

Court of Appeals of the State of New York.

Decided April 5, 1962.

Attorney(s) appearing for the Case

Gilson B. Gray, III, Chauncey B. Garver and Herman E. Compter for appellant.

George Popkin for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

Per Curiam.

The weight of authority holds that when a bank pays a check after and despite receiving a stop-payment order from its depositor it cannot recover on the check from the payee of the check (see National Commercial Bank & Trust Co. v. Madison, 270 App. Div. 437; Matter of Rousos, 195 Misc. 959; Michie, Banks and Banking, Vol. 5A, p. 549; 5 N. Y. Jur., Banks and Trust Companies, § 398...

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