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HOWARD BANK v. IRON KETTLE RESTAURANT, ETC.

No. 190-79.

428 A.2d 1138 (1981)

The HOWARD BANK v. IRON KETTLE RESTAURANT OF BOLTON, INC., and Elsa M. Morse and Leigh Lacaillade, Executor of the Estate of Monroe M. Lacaillade.

Supreme Court of Vermont.

February 27, 1981.

Attorney(s) appearing for the Case

Anthony B. Lamb of Paul, Frank & Collins, Inc., Burlington, for plaintiff.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

BARNEY, Chief Justice.

This is an appeal by the plaintiff, The Howard Bank, in an action brought against a corporate depositor and its two 50% shareholders. The corporation, The Iron Kettle Restaurant, maintained a checking account with the Bank on which either shareholder was empowered to write checks. After a disagreement, each went to a separate branch of the Bank and wrote a check for $1,000. Both checks were accepted...

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