JIANG v. FIRST NAT. CITY BANK


65 Misc.2d 150 (1970)

Steven L. Jiang, Plaintiff, v. First National City Bank, Defendant.

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

December 28, 1970


Attorney(s) appearing for the Case

Steven L. Jiang, plaintiff in person. Shearman & Sterling (Allan J. Levine of counsel), for defendant.


IRVING YOUNGER, J.

This case, tried with great professional competence in Small Claims Court, raises the interesting question under what circumstances a bank will be permitted to avoid a receipted deposit slip issued to its customer in due course.

Plaintiff maintains a checking account at one of defendant's branch offices. On September 3, 1970, he appeared at the counter and handed to the teller his...

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