FLETCHER v. RHODE ISLAND HOSPITAL TRUST NATIONAL BANK

No. 73-1372.

496 F.2d 927 (1974)

Barbara FLETCHER et al., etc., Plaintiffs, Appellants, v. RHODE ISLAND HOSPITAL TRUST NATIONAL BANK et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 9, 1974.


Attorney(s) appearing for the Case

James L. O'Neill, Providence, R. I., with whom Bucci, O'Neill & Coia and Ralph J. Gonnella, Providence, R. I., were on brief, for appellants.

Edwin H. Hastings, Providence, R. I., with whom Tillinghast, Collins & Graham, Providence, R. I., was on brief, for Old Stone Trust Co., appellee.

Stephen A. Fanning, Jr., Providence, R. I., with whom Deming E. Sherman and Edwards & Angell, Providence, R. I., were on brief, for Rhode Island Hospital Trust National Bank and Bank-Americard Assn. of Rhode Island, Inc., appellees.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


LEVIN H. CAMPBELL, Circuit Judge.

Barbara Fletcher had a checking account at the Rhode Island Hospital Trust National Bank, and Marion Sass had such an account at the Old Stone Trust Co. Both have alleged in a complaint filed in the district court that, without request, the respective banks sent them each a BankAmericard; that each bank later claimed an indebtedness arising from use of the card; and that each bank, without notice to the cardholder or her approval...

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