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WILHELM FOODS, INC. v. NATIONAL BANK OF NO. AMER.

No. 72 Civ. 1458.

388 F.Supp. 1376 (1974)

WILHELM FOODS, INC., Plaintiff, v. NATIONAL BANK OF NORTH AMERICA, Defendant and Third-Party Plaintiff, v. CENTAUR PACKING CO., INC., and Samuel Schweid, Third-Party Defendants.

United States District Court, S. D. New York.

December 6, 1974.

Attorney(s) appearing for the Case

Hahn, Hessen, Margolis & Ryan, New York City, for plaintiff; Francis J. Ryan, Jr., Daniel A. Zimmerman, New York City, of counsel.

Cole & Deitz, New York City, for defendant and third-party plaintiff; Edward N. Meyer, Joseph A. DiBenedetto, Robert D. Lang, New York City, of counsel.

Schmalholz & Plotkin, New York City, for third-party defendants; Albert I. Schmalholz, New York City, of counsel.

OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW

EDWARD WEINFELD, District Judge.

Plaintiff Wilhelm Foods, Inc. ("Wilhelm"), a meat packer, commenced this action against National Bank of North America ("Bank") to recover $181,638.80, the total of eight drafts drawn by plaintiff's predecessor, each of which covered shipments of meat to DaFran Meat Company, Inc. ("DaFran"), a meat jobber, which had a checking account at the Bank. The drafts were forwarded to...

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