Phillips Home Furnishings, Inc. v. Continental Bank

Opinion by

Jacobs, J.,

This case is before us on appeal from a lower court order granting Continental Bank's motion for summary judgment.1

The facts as alleged by the appellant show that on the evening of June 16, 1973, Max Shectman prepared a bank deposit of $5,669.00 in receipts from his business, Phillips Home Furnishings, Inc. He then picked up his wife at her place of employment and proceeded to an office of Continental Bank [hereinafter Bank], where he had done his banking for nearly thirty years. *177Upon arriving at the Bank, he proceeded to the Bank’s Night Depository Safe, the opening for…