ALLIED STORES v. FUNDERBURKE


52 Misc.2d 872 (1967)

Allied Stores of New York, Inc., Doing Business as B. Gertz, Plaintiff, v. Mary Funderburke, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

February 23, 1967


Attorney(s) appearing for the Case

Miller & Silverman (Richard C. Leonhardt of counsel), for plaintiff. Joseph List for defendant.


HAROLD BIRNS, J.

The question for decision in this case is whether a person to whom a credit card has been issued shall be liable for purchases to issuer where such holder is unaware of its loss and use by a thief.

Plaintiff, operator of a department store, seeks judgment for $2,460, claiming nonpayment for 237 purchases made in defendant's name during a one-month period in 1965. Plaintiff relies on...

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