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HENDERSON v. LINCOLN ROCHESTER TRUST CO.

303 N.Y. 27 (1951)

Caroline S. Henderson, Appellant and Respondent, v. Lincoln Rochester Trust Company, Respondent and Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1951

Attorney(s) appearing for the Case

Arthur L. Mepham for plaintiff, appellant and respondent.

Edward R. Macomber for defendant, respondent and appellant.

LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

CONWAY, J.

Plaintiff commenced this action on January 24, 1950. In the complaint she alleged that in 1946, a firm of stockbrokers was indebted to her; that on February 1, 1946, that firm drew its check for $1,060 upon defendant bank as drawee, payable to "Mrs. Caroline S. Stuber", which was then plaintiff's name, and gave it to one Savitt for delivery; that instead of delivering it, Savitt, on February 2, 1946...

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