WILHELM FOODS, INC. v. NATIONAL BANK OF NORTH AMERICA

No. 72 Civil 1458.

382 F.Supp. 605 (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.

August 21, 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 National Bank of North America; Edward N. Meyer, Joseph A. DiBenedetto, New York City, of counsel.

Schmalholz & Plotkin, New York City, for third-party defendants Centaur Packing Co., Inc. and Samuel Schweid.


OPINION

EDWARD WEINFELD, District Judge.

Plaintiff Wilhelm Foods, Inc., a meat-packer doing business in Denver, Colorado, seeks to recover damages from the defendant, National Bank of North America (the Bank), a national banking association, based upon a series of eight drafts totaling $181,638.80 drawn by plaintiff's predecessor1 (Wilhelm), forwarded to the Bank, and intended to obtain payment for shipments of meat to DaFran...

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