Rapp v. Manufacturers Trust Co.

The plaintiff, a depositor in the Manufacturers Trust Company is the drawer of three checks which were drawn by him on his depository, the defendant herein. Plaintiff now seeks to recover the proceeds thereof, which he claims ‘ ‘ were diverted through the carelessness and negligence of the defendant, its agents or employees.”

In June, 1957 the plaintiff dealt with a Mr. Fox representing Holiday Pools, Inc., for the purpose of building a swimming pool. There were several meetings between the plaintiff and Fox which finally culminated in a contract to build a swimming pool at the plaintiff’s…