Polotsky v. Artisans Savings Bank

Reinhardt, J.,

delivering the opinion of the Court:

By agreement of counsel the case was heard by the Court without the intervention of a jury. There was little conflict in the evidence and the Court makes the following findings of facts:

On January 6th, 1934, the plaintiff, desiring to withdraw from the bank the sum of $200, requested the defendant to give him its check,-drawn by it on the Wilmington Truest Company of this City, payable to plaintiff. The plaintiff gave as his reason for this that he desired to pay $200 on account of a contract which he had entered into with The Eugenics Company…