Kaplan v. First Trust & Savings Bank

Plaintiff appeals from an order of the Superior Court sustaining defendants’ motions to strike plaintiff’s amended complaint, entering judgment in favor of defendants, and dismissing plaintiff’s action at his cost. Plaintiff elected to stand on his amended complaint.

In the amended complaint, Norton Kaplan, individually and as assignee of Nathan Yorke, Trustee in bankruptcy of the Estate of Merit Finance, a corporation, Bankrupt, alleges that on Friday, January 20, 1961, he issued his check payable to Merit Finance Company, a corporation, in the amount of $10,000. Immediately following the…