MALPHRUS v. HOME SAV. BANK


44 Misc.2d 705 (1965)

Jesse Malphrus, Plaintiff, v. Home Savings Bank of the City of Albany, Defendant.

County Court, Albany County.

January 4, 1965


Attorney(s) appearing for the Case

Roberts & Heller (Mark Heller of counsel), for plaintiff. Herzog, Nichols, O'Brien & Leahy for defendant.


MARTIN SCHENCK, J.

This is a motion by the plaintiff for summary judgment. One Carole Kuebler, a depositor in the defendant savings bank, requested the defendant to issue a teller's check in the sum of $450 payable to the order of the plaintiff. She directed that the amount be deducted from her account. Thereupon, Miss Kuebler delivered the check to the plaintiff in part payment for an automobile which the plaintiff delivered to her. When the check was...

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