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RUBIN v. AM. EXPRESS CO.

67 Misc.2d 332 (1971)

Raymond Rubin, as Assignee of David Joseph, Respondent, v. American Express Company, Appellant.

Supreme Court, Appellate Term, First Department.

July 22, 1971

Attorney(s) appearing for the Case

Rita Berkowitz and James H. Alston for appellant. George J. Hammerman, Raymond Rubin and Jack Weiner for respondent.

Concur — MARKOWITZ, J. P., STREIT and QUINN, JJ.

Per Curiam.

The requirements of stability in the use of travelers checks as well as the defendant's agreement to replace those lost dictate that its obligation not be avoided on the mere assertion of a suspicion of fraud. No triable issues were raised. We have examined the appellant's other points relating to the motion for summary judgment and find them to be without merit. We agree, however, that the premium for...

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