Cortillion Fabrics Corp. v. National Safety Bank & Trust Co.

On September 25, 1946, the plaintiff opened an account with the defendant bank and at the same time entered into a written agreement with defendant with respect thereto, the pertinent provision of which is as follows: “ 3. The bank shall not be liable if for any reason, through inadvertence, negligence or otherwise, it pays checks, notes or other instruments on which payment has been ‘ stopped ’ nor in case of premature payment for any reason, through inadvertence, negligence or otherwise, of ‘ post-dated ’ checks, notes or other instruments.”

*742Such an. agreement exempting the bank from…