GARDEN CHECK CASHING SERV. v. FIRST NAT. CITY BANK


46 Misc.2d 721 (1965)

Garden Check Cashing Service, Inc. Appellant, v. First National City Bank, Respondent.

Supreme Court, Appellate Term, First Department.

May 27, 1965


Attorney(s) appearing for the Case

Blumberg, Singer, Ross & Gordon (Samuel Gordon and Evelyn Frank of counsel), for appellant. Shearman & Sterling (Michael J. Aratingi of counsel), for respondent.

Concur — CAPOZZOLI, J. P., HOFSTADTER and HECHT, JJ.


Per Curiam.

Pursuant to the terms contained in the customer's record copy of the register check — personal money order, the defendant bank could not stop payment without the submission thereof to it, which in this case was impossible, since said copy had been delivered to plaintiff, along with the original instrument.

The instrument before this court is akin to a cashier's check or a traveler's check...

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