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PLANTATIONS BANK OF RHODE ISLAND v. DESROMIER

No. Eq. 3269.

232 A.2d 371 (1967)

PLANTATIONS BANK OF RHODE ISLAND et al. v. Lawrence G. DESORMIER, d.b.a. L.G. Desormier Roofing Co.

Supreme Court of Rhode Island.

July 25, 1967.

Attorney(s) appearing for the Case

Alan T. Dworkin, Providence, for complainants.

Anthony DeSimone, Providence, for respondent.

OPINION

PAOLINO, Justice.

This bill in equity1 presents a situation in which the drawer of a check stopped payment thereon, and subsequently the bank, through mistake, certified the check to the payee, who then deposited it in his own bank. The bill, insofar as pertinent here, prays that the certification be cancelled. The cause was heard by a justice of the superior court on bill, answer and proof, after which a decree was entered...

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