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EMPIRE NAT. BANK v. CHESTER NAT. BANK

66 Misc.2d 422 (1971)

Empire National Bank, Plaintiff, v. Chester National Bank, Defendant.

Supreme Court, Special Term, Sullivan County.

March 4, 1971

Attorney(s) appearing for the Case

Monroe R. Davis for plaintiff. Martin Rosenblum for defendant.

A. FRANKLIN MAHONEY, J.

Plaintiff bank has sued defendant bank in negligence and for breach of warranty. Both institutions are members of the Federal Reserve System and regulated by the rules and regulations of that body. The genesis of the actions is a banking transaction that occurred as follows:

On July 3, 1970 Elliott Truck and Tractor Sales, Inc. made a check payable to the order of Elliott Truck and Tractor Sales,

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