Capital Bank v. Meyers

SCHWARTZ, Chief Judge.

Capital Bank was sued by Holiday Clubs for mistakenly and unauthorizedly permitting the withdrawal of $45,000 from an account in the bank which, it had agreed, would not be disbursed without Holiday’s consent. After the trial court entered summary judgment on liability in Holiday’s favor, the bank settled the case for $40,000. In a third party action, the bank sought to recover the amount of the settlement from *121Meyers and Nitzberg, who, as principals in a brokerage corporation, were those who had finagled the bank to distribute to them the $45,000 in question.

On this…