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ROTHBARD v. ROYAL STATE BANK

39 Misc.2d 485 (1963)

Max Rothbard, Plaintiff, v. Royal State Bank of New York, Defendant. Royal State Bank of New York, Defendant and Third-Party Plaintiff, v. First National City Bank of New York, Third-Party Defendant. >First National City Bank of New York, Fourth-Party Plaintiff, v. Simon Wapniak, Doing Business as Parts Service of America, Fourth-Party Defendant.

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

June 14, 1963

Attorney(s) appearing for the Case

Sydney Newman for Max Rothbard, plaintiff. Levy, Murphy & Stolz for Royal State Bank of New York, defendant. Shearman & Sterling for First National City Bank of New York, defendant. Harry Cohen for Simon Wapniak, defendant.

ARTHUR WACHTEL, J.

Plaintiff gave his check for $1,850 to the order of Mindy Auto Collision, Inc., in payment of an automobile, title to which was in the payee's name, to Wallace Karnell, general manager of the payee corporation. The affidavit of sale was signed by Benjamin Karnell, president of Mindy Auto Collision, Inc., and turned over to plaintiff. Plaintiff specifically advised Wallace Karnell that he...

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