Calamita v. the Tradesmens National Bank

The complaint in this action alleged that the plaintiff, a depositor having a checking account in the defendant bank, issued a check against it, that five days later he gave the bank written instructions not to pay the check and that the bank negligently paid it and has refused to make restitution. The bank, in its answer, admitted the allegations as to the issuance of the check, the written instructions to stop payment and the payment of the check, but denied that it was negligent; as a special defense it alleged that the check was paid through inadvertence, accident or mistake, and, as…