Michaels v. First National Bank

The facts appear from the following adjudication of:

Hoban, P. J.

This is an action in assumpsit by a depositor against his bank to recover money paid out by the bank against depositor’s account notwithstanding a stop-payment order against the check in question. Defendant denied any oral order to stop payment, admitted a written order, and pleaded release of liability against failure to obey the stop order and no damage. By reply plaintiff challenges the release as void for want of consideration, and avers complete loss of the amount charged against his account.

Findings of Fact

1. Plaintiff, a…