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M.G. SALES, INC. v. CHEM. BANK

161 A.D.2d 148 (1990)

M.G. Sales, Inc., Respondent-Appellant, v. Chemical Bank, Appellant-Respondent and Third-Party Plaintiff, et al., Defendants and Third-Party Plaintiffs, et al., Third-Party Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 1, 1990

In November 1981, Marc Gardner, the president of the plaintiff corporation, M.G. Sales, Inc., made out two checks on its account at Chemical Bank. The checks were both in the amount of $6,000 and were payable to, signed and endorsed by Gardner. Gardner did not remember whether or not he dated the checks. Apparently, he lost both checks. Consequently, on November 16, 1981, he went to defendant Chemical Bank and obtained two stop-payment orders which gave November 10, 1981...

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