CORN EXCH. BANK TRUST CO. v. PASTORE


204 Misc. 928 (1953)

Corn Exchange Bank Trust Company, Respondent, v. Emerlina Pastore et al., Appellants.

Supreme Court, Appellate Term, First Department.

May 7, 1953.


Attorney(s) appearing for the Case

Irving M. Berry for appellants.

John J. Sullivan for respondent.

HAMMER and HOFSTADTER, JJ., concur in decision; EDER, J., dissents in opinion.


Order affirmed, with $10 costs and disbursements.

EDER, J. (dissenting).

Defendants appeal from an order which denied their motion to vacate and set aside a warrant of attachment issued against them.

Plaintiff instituted this action to recover upon two causes of action. The first cause of action is predicated on the claim that plaintiff's paying teller by mistake paid out to defendants, pursuant to a check that was drawn on that bank,...

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