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HALL v. BANK OF BLASDELL

281 A.D. 939 (1953)

Elton W. Hall, Respondent, v. Bank of Blasdell, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 4, 1953.

Judgment affirmed, with costs.

All concur, except Piper, J., who dissents and votes for reversal and for dismissal of the complaint in the following memorandum:

The check was drawn to Betty J. and Thomas Gallegos for a specific purpose, i.e., to pay to "Schneider Motors" as payment in full for a "1948 Nash 4-door Sedan" on which the bank had taken a chattel mortgage. Before delivery of the check to the Gallegos, the bank required them to indorse...

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