Opinion
No. 177, Docket 25856.
Argued February 3 and 4, 1960.
Decided February 26, 1960.
Appeal from the United States District Court for the Southern District of New York; Archie O. Dawson, Judge.
Defendant appeals from a summary judgment granted to plaintiff-bank in an action for the recovery of $25,000, the amount of a check erroneously paid over a "stop payment" order.
Kenneth S. Oltarsh, New York City (Virginia C. Duncombe and Duncombe, Oltarsh Schott, New York City, on the brief), for plaintiff-appellee.
Hyman Fried, New York City (Abbie Goldstein and Fried, Beck, Tannenbaum Field, New York City, N.Y., and Edward R. Schwartz of the Bar of District of Columbia, on the brief), for defendant-appellant.
The judgment is affirmed on the opinion of Judge Dawson, 175 F. Supp. 74.