Robbins v. Bankers Trust Co.

By motion to dismiss pursuant to rule 106 of the Rules of Civil Practice the defendant challenges the sufficiency of the complaint in this action. The gist of the complaint is: The plaintiff, who maintained a regular checking account with the defendant, on February 17, 1955 in the regular course of business drew a check dated the same day on his account to the order of Hatfield Farms for $156, and delivered the same to Hatfield Farms. On February 23, 1955, before the check was presented for payment, he ordered the defendant to stop payment on it, by written direction on the defendant’s…