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Commercial Law Keyed to Warren
Izraelewitz v. Manufacturers Hanover Trust Co
Facts
Plaintiff George Izraelwitz (the “plaintiff”) brought this action to compel defendant Manufacturers Hanover Trust (the “defendant”) to credit his Master Card account in the amount of $250.00 plus finance charges. The charge posted to plaintiff’s account on July 16, 1981 and was for electronic diagrams purchased by plaintiff over the telephone from Don Britton Enterprises. On September 9, 1981 the plaintiff informed the defendant that the items purchased had been returned and provided a UPS receipt as evidence of the return of the items. When the plaintiff’s account was credited, Don Britton refused the charge back claiming that there was a “no refund” policy. Consequently, the plaintiff’s account was redebited. Plaintiff argued that he was unaware of the “no refund” policy and requested that his account be credited. Again, Don Britton refused the charge back and plaintiff’s account was redebited.
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