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ROSE CHECK SERV. v. CHEM. BANK CO.

43 Misc.2d 679 (1964)

Rose Check Cashing Service, Inc., Respondent, v. Chemical Bank New York Trust Co., Appellant.

Supreme Court, Appellate Term, First Department.

July 9, 1964

Attorney(s) appearing for the Case

Reilly, Curry & Gibbons (David T. Gibbons and Jerome Dienstag of counsel), for appellant. Morton A. Bernstein for respondent. Shearman & Sterling (John E. Hoffman, Jr., of counsel), for First National City Bank, amicus curiæ.

Concur — CAPOZZOLI, J. P., and HECHT, J., in opinion by HOFSTADTER, J.

SAMUEL H. HOFSTADTER, J.

A comparatively recently introduced banking service — designated a "Personal Money Order" — is the subject of this appeal. Except for a single 1963 case, also decided in the Civil Court (Garden Check Cashing Serv. v. First Nat. City Bank, 38 Misc.2d 623, WAHL, J.), the legal issues are novel.

The facts were stipulated...

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