National Boulevard Bank of Chicago v. Meyer Schwartz

274 F.2d 823, 1960 U.S. App. LEXIS 5274

• Court: Court of Appeals for the Second Circuit
• Decided: February 26, 1960
• Docket: 25856
• Status: Published

Opinion

274 F.2d 823

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

No. 177.

Docket 25856.

United States Court of Appeals Second Circuit.

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.

Before MEDINA and WATERMAN, Circuit Judges, and MADDEN, Judge, United States Court of Claims.*

PER CURIAM.

The judgment is affirmed on the opinion of Judge Dawson, 175 F.Supp. 74.

Notes:

* Sitting by designation