Gardner v. Warren Bank

This is an appeal from a summary judgment dismissing the plaintiffs’ complaint.

The plaintiffs’ amended complaint contains two counts, one in negligence, and the other in contract.

The facts set forth are that on January 24, 1964, the plaintiffs, checking account customers of the defendant hank, suffered loss in the amount of $126.00 as the result of the careless handling of a night depository deposit in the defendant bank. The plaintiffs allege that they suffered humiliation and embarrassment and other damage as a result of dishonored checks.

The amended complaint does not contain any factual…