Moore v. First National City Bank

Motion to dismiss defenses. The first cause of action is one by a depositor against a bank for charging his account with $15,231.50 in connection with a check drawn by plaintiff for $231.50 and subsequently altered without plaintiff’s knowledge or consent. The name of the payee is also claimed to have been changed from Francis 0. Carr to Francis C. Carretta, without plaintiff’s knowledge or consent.

The defenses, one complete and the other partial, allege that: ‘ ‘ Plaintiff failed and neglected to exercise ordinary care in preparing and issuing the check * * * in that plaintiff prepared and…