CITIBANK v. WARNER


113 Misc.2d 748 (1981)

Citibank, N. A., Plaintiff, v. Jannis A. Warner, Defendant.

Supreme Court, Special Term, New York County.

May 6, 1981


Attorney(s) appearing for the Case

Zalkin, Rodin & Goodman (William Linden of counsel), for plaintiff. Jacoby & Meyers for defendant.


EDWARD J. GREENFIELD, J.

Our patron saint of frugality, Benjamin Franklin, commented in Poor Richard's Almanac that "A penny saved is a penny earned." How much more delightful it is to save your pennies on someone else's earnings!

Plaintiff bank sues the defendant, one of its depositors, for willful conversion and for money had and received as a result of sums mistakenly credited to the defendant's account. Defendant interposes as affirmative...

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