MARINE MIDLAND TRUST CO. OF ROCHESTER v. BLACKBURN


50 Misc.2d 954 (1966)

Marine Midland Trust Company of Rochester, Plaintiff, v. Walter P. Blackburn, Doing Business as Blackburn Motors, Defendant.

Supreme Court, Monroe County.

July 5, 1966


Attorney(s) appearing for the Case

Wiser, Shaw, Freeman, Van Graafeiland, Harter & Secrest (Bradley W. Schwartz of counsel), for plaintiff. Yanowitch, Frank, Santoro (Nicholas R. Santoro of counsel), for defendant.


G. ROBERT WITMER, J.

The plaintiff has moved for summary judgment in its action on a check made by defendant to one Vanella in payment for a used automobile. It appears that Vanella deposited the check with the plaintiff bank and received credit and cash therefor. Defendant ascertained that Vanella had misrepresented to him that the automobile was free of liens, and so defendant stopped payment upon the check. The plaintiff secured partial repayment from...

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