Legal Opinion
Capritta v. National Commercial Bank & Trust Co.
Albany City Court
Decided October 31, 1960PublishedCited by 2 opinions
1Opinion of the CourtJohn W. Rehfuss, J.
This motion is brought by defendant for summary judgment in its favor and against plaintiff. The complaint sets forth causes of action in breach of contract and negligence, to which defendant has interposed a general denial.
Plaintiff, as a depositor of defendant bank, on October 17, 1959, issued a check for $140 to one Thomas Matson. On October 17, 1959, plaintiff instructed defendant to “ Stop payment ” on the check. Two days later, plaintiff signed a stop-payment order, supplied by the bank, but on October 23, 1959, defendant paid the full amount of the check and deducted it from…
2Cases cited4 opinions
- Gaita v. Windsor BankNew York Court of Appeals · 1929
- Montano v. Springfield Gardens National BankAppellate Terms of the Supreme Court of New York · 1955
- Pyramid Musical Corp. v. Floral Park BankAppellate Division of the Supreme Court of the State of New York · 1944
- Cortillion Fabrics Corp. v. National Safety Bank & Trust Co.Appellate Terms of the Supreme Court of New York · 1948
3Cited by2 opinions
- Haman v. First National Bank in Sioux FallsSouth Dakota Supreme Court · 1962
- Haman v. First National Bank in Sioux FallsSouth Dakota Supreme Court · 1962