Ittman v. Kracke & Flanders Co.

Wm. D. Seymour Company, Inc., whom we shall hereafter refer to as plaintiff, prosecutes this appeal from a judgment dismissing a rule taken by it against the Canal-Commercial Trust and Savings Bank, as receiver of Kracke & Flanders Company, wherein plaintiff claimed $420.57, which amount, it was alleged, was collected by the Canal Bank, its receiver, in error, and, as partial payment of a note of the Cordes Ayrault & Company, Inc., of Tonawanda, New York, belonging to plaintiff.

The judgment, complained of, maintained a plea of res judicata based upon the homologation of the first provisional…