Marine Midland Trust Co. of Rochester v. Blackburn

The plaintiff has moved for summary judgment in its action on a check made by defendant to one Vanella in payment for a used automobile, It appears that Vanella deposited the check Avith the plaintiff bank and received credit and cash therefor. Defendant ascertained that Vanella had misrepresented to him that the automobile Avas free of liens, and so defendant stopped payment upon the check. The plaintiff secured partial repayment from Vanella of the money it advanced on the check, and brings this action to collect the balance from the defendant as drawer of the check,

*955The defendant raises the…