Pyramid Musical Corp. v. Floral Park Bank

The complaint alleges that the plaintiff, a depositor in the defendant bank maintaining a checking account in that bank, issued a check on the bank, dated November 1, 1940, to the order of A. Rappaport in the sum of $1,250.00, which was delivered to the named payee; that on the same day the plaintiff, *734in writing, ordered the defendant to stop payment on the check and also enjoined upon the defendant orally the necessity of stopping such payment; but that the defendant, in violation of the directions contained in the written stop order, nevertheless paid the check on November 2, 1940, and…