STERLING NAT. BANK v. MERCHS. BANK


48 Misc.2d 72 (1965)

Sterling National Bank & Trust Company of New York, Plaintiff, v. Merchants Bank of New York, Defendant and Third-Party Plaintiff. Royal Lithographers Inc., Third-Party Defendant.

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

October 28, 1965


Attorney(s) appearing for the Case

Bertram Field and Harry Gurahain for plaintiff. Israel Zinovoy and Benjamin Rothstein for defendant and third-party plaintiff. Kalb, Rosenfeld & Freedman (Harold Kalb of counsel), for third-party defendant.


PATRICK J. PICARIELLO, J.

Action instituted by plaintiff bank to recover for an erroneous payment made to the defendant bank on a promissory note delivered to it for collection. The defendant bank has cross-complained against the payee (third-party defendant) of the subject note.

Briefly, the decisive facts as the testimony revealed during the trial are as follows:

A series of four promissory...

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