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GUTTMAN v. WHITEHALL IMPROVEMENT CORP.

281 A.D. 528 (1953)

Emanuel Guttman, Respondent, v. Whitehall Improvement Corporation, Appellant

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

April 21, 1953.

Attorney(s) appearing for the Case

Harry Rodwin of counsel (Bernard Katz and Marvin L. Olshan with him on the brief; Goldwater & Flynn, attorneys), for appellant.

George Damashek of counsel (Seckel, Storper, Damashek & Cohn, attorneys), for respondent.

COHN, J. P., VAN VOORHIS and BREITEL, JJ., concur.

CALLAHAN, J.

Transit Packaging & Warehousing Corporation, a tenant of the defendant, owed $950.37 for rent and electricity. On February 8, 1950, Transit gave the defendant a check duly indorsed, which Transit had received from its customer, Aluminum Corporation of Canada. The check was drawn in the sum of $975, and the defendant returned the difference of $24.63 to Transit in cash. The check was paid to the...

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