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STELLA FLOUR & FEED CORP. v. NAT'L CITY BANK

285 A.D. 182 (1954)

Stella Flour & Feed Corp., Respondent, v. National City Bank of New York, Appellant

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

December 21, 1954.

Attorney(s) appearing for the Case

Charles C. Parlin, Jr., of counsel (Herman E. Compter with him on the brief; Shearman & Sterling & Wright, attorneys), for appellant.

Henry E. Otto of counsel (Otto & Easterday, attorneys), for respondent.

PECK, P. J., and CALLAHAN, J., concur with BERGAN, J.; BREITEL, J., dissents and votes to affirm in opinion in which BASTOW, J., concurs.

BERGAN, J.

Plaintiff was a depositor with the defendant bank and the question presented by this appeal is the extent to which a bank may incur a tort liability if it breaches its contract obligation to charge drafts against an account only in accordance with a depositor's directions.

The complaint alleges that plaintiff issued four checks drawn on the defendant bank in the total amount of $11,241.67; that...

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