GARDNER v. WARREN BANK

Docket No. 3,107.

14 Mich. App. 548 (1968)

165 N.W.2d 869

GARDNER v. WARREN BANK

Michigan Court of Appeals.

Decided December 2, 1968.


Attorney(s) appearing for the Case

William L. Fisher, for plaintiffs.

Lebenbom and Handler (Wallace M. Handler & Bernard Lampear, of counsel), for defendant.


THORBURN, J.

This is an appeal from a summary judgment dismissing the plaintiffs' complaint.

The plaintiffs' amended complaint contains two counts, one in negligence, and the other in contract.

The facts set forth are that on January 24, 1964, the plaintiffs, checking account customers of the defendant bank, suffered loss in the amount of $126.00 as the result of the careless handling of a night depository deposit in the defendant bank. The plaintiffs...

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