Legal Opinion
Mortimer Agency, Inc. v. Underwriters Trust Co.
Civil Court of the City of New York
Decided April 2, 1973PublishedCited by 5 opinions
1Opinion of the CourtLeonard H. Sandler, J.
Plaintiff, Mortimer Agency, Inc. (Mortimer), depositor in Underwriters Trust Company (Underwriters), sues to recover $4,000 paid out by Underwriters on a forged check. Underwriters resists the action on the claim that Mortimer’s negligence contributed to the success of the forgery. In addition, Underwriters has impleaded Chemical Bank (Chemical) and Rego Trading Corp. (Rego) asserting that the name of the payee was also forged, and that Chemical as thé collecting bank and Rego as a purchaser of the check violated their respective warranties with regard to the forged indorsements of the payee,…
2Cases cited3 opinions
- Morgan v. United States Mortgage & Trust Co.New York Court of Appeals · 1913
- United States v. Chase National BankSupreme Court of the United States · 1920
- First Nat. Bank v. United States Nat. BankOregon Supreme Court · 1921
3Cited by5 opinions
- Oak Park Currency Exchange, Inc. v. MaropoulosAppellate Court of Illinois · 1977
- Banco Mercantil de Sao Paulo S. A. v. NavaNew York Supreme Court · 1983
- American Heritage Bank and Trust Co. v. IsaacColorado Court of Appeals · 1981
- American Heritage Bank and Trust Co. v. IsaacColorado Court of Appeals · 1981
- Interbank of New York v. Fleet BankCivil Court of the City of New York · 2001