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NATIONAL BOULEVARD BANK OF CHICAGO v. SCHWARTZ

175 F.Supp. 74 (1959)

NATIONAL BOULEVARD BANK OF CHICAGO, Plaintiff, v. Meyer SCHWARTZ, Defendant.

United States District Court S. D. New York.

July 10, 1959.

Attorney(s) appearing for the Case

Duncombe, Oltarsh & Schott, New York City, for plaintiff, Virginia C. Duncombe, Kenneth S. Oltarsh, New York City, of counsel.

Fried, Beck, Tannenbaum & Field, New York City, for defendant, Hyman Fried, Abbie Goldstein, New York City, of counsel.

DAWSON, District Judge.

This is a motion brought on by plaintiff for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

The plaintiff is a national banking association located in Chicago, Illinois, which, by mistake, paid a check drawn on it in spite of a "stop payment" order of which it had notice. Defendant is an individual, a resident of New Jersey, who was the payee on the check in question. This action is brought...

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