LOW v. MERCHS. NAT. BANK


24 A.D.2d 322 (1966)

Bruno E. Low, Respondent, v. Merchants National Bank & Trust Company of Syracuse, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 13, 1966.


Attorney(s) appearing for the Case

Melvin & Melvin (Lawson Barnes of counsel), for appellant.

Travis, Whiting & Johnson (Harry S. Travis of counsel), for respondent.

GIBSON, P. J., REYNOLDS, TAYLOR and HAMM, JJ., concur.


AULISI, J.

This is an appeal from an order and judgment of the Supreme Court at Special Term, Broome County, which denied defendant's motion to dismiss plaintiff's second and third causes of action of the amended complaint. Plaintiff does not appeal from the dismissal of his first cause of action.

The issue is whether the drawer of checks has a cause of action against the collecting bank which paid checks on alleged illegal indorsements receiving...

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