Bacher v. City National Bank

Sloane, J.,

— We dispose here of questions of law raised in the affidavit of defense.

Plaintiff brought this assumpsit action to recover from the defendant bank the amounts of two checks with interest. The statement of claim is the repository of the well-pleaded facts at this stage:

A building and loan association, in payment of indebtedness (the withdrawal value of shares), gave its two checks payable to the order of “Estate of Anna Hoffman”. They were delivered to an attorney, employed by plaintiff administratrix for the Hoffman estate. Without the administratrix’s knowledge or authorization,…