GRAYBAR ELECTRIC CO. v. BROOKLINE TRUST CO.


1984 Mass. App. Div. 211 (1984)

Graybar Electric Company, Inc. vs. Brookline Trust Company

Massachusetts Appellate Division, Municipal Court.

September 20, 1984.


Attorney(s) appearing for the Case

Jonathan Freedman and James L. Rudolph for the plaintiff-appellee.

Mark Schonfeld for the defendant-appellant.

Present: Donovan, O'Toole & Hurley, JJ.


O'Toole, J.

This case presents the question whether a bank may justifiably refuse to honor a personal money order it had issued for cash because it has applied the cash to satisfy a debt owed to it by the purchaser of the money order. We answer the question in the negative and affirm the trial court's judgment for the plaintiff.

The trial judge's report discloses the following facts:

On April 24, 1979, one Kenneth Barron ("Barron") obtained five separate...

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