Goldberg v. Manufacturers Trust Co.

This is an action by a depositor against the defendant bank to recover the sum of $398.80 based upon the following facts: On October 9, 1946, the plaintiff drew a check in the sum of $198.80 to the order of cash against his account maintained with the defendant. On the same day, this check *168was delivered to a concern as payment for merchandise which was never delivered. On the following day, October 10, 1946, plaintiff stopped payment on this check and signed a “ stop payment order ” which contained a provision as follows: This notice * * * shall be deemed revoked three months after the date…