Legal Opinion
Gino's of Capri, Inc. v. Chemical Bank
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 1993PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J. P.
Plaintiff Gino’s of Capri, Inc. maintained a bank account at Chemical Bank (N.A.) for the payment of employees’ Federal withholding taxes. During the period from January 1, 1986 through April 30, 1990, Joseph Costello, Gino’s independent accountant, prepared a number of corporate checks made *73payable to Chemical Bank, which Gino’s president or other authorized signatory signed, believing them to have been drawn for deposit and, ultimately, the payment of payroll taxes. In fact, Costello used the checks, totalling $317,932.81, to pay for his personal credit…
2Cases cited5 opinions
- Hartford Accident & Indemnity Co. v. American Express Co.New York Court of Appeals · 1989
- Sims v. . U.S. Trust Co. of New YorkNew York Court of Appeals · 1886
- Federal Insurance v. Groveland State BankNew York Court of Appeals · 1975
- Arrow Builders Supply Corp. v. Royal National Bank of New YorkNew York Court of Appeals · 1968
- Hartford Accident & Indemnity Co. v. American Express Co.New York Supreme Court · 1987
3Cited by6 opinions
- Dalton & Marberry, P.C. v. Nationsbank, N.A.Supreme Court of Missouri · 1998
- Burns v. Neiman Marcus Group, Inc.California Court of Appeal · 2009
- Grand Rapids Auto Sales, Inc. v. MBNA America BankDistrict Court, W.D. Michigan · 2002
- Depew Development, Inc. v. AT & A Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Burns v. Neiman Marcus Group, Inc.California Court of Appeal · 2009
1 more not listed; retrieve them via the Exa API.