Legal Opinion
Mtr. of Knox (Columbia Banking)
New York Court of Appeals
Decided March 28, 1985PublishedCited by 39 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
A bank that allows a fiduciary to negotiate a check payable to him as fiduciary without first establishing his authorization to do so will not, without more, be liable to the beneficiary when the fiduciary exceeds his powers by negotiating the check.
In 1978, Robert Daniel Tyler, aged four, was injured while he and his family lived in Kentucky. His father, Paul E. Tyler, brought suit on his behalf, which was settled in October 1979 for $25,000. When the family relocated to New York, Paul retained a local attorney to assist in obtaining the settlement proceeds from…
2Cases cited14 opinions
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- Grace v. Corn Exchange Bank Trust Co.New York Court of Appeals · 1941
- Raymond Concrete Pile Co. v. Federation Bank & Trust Co.New York Court of Appeals · 1942
- Clarke v. Public National Bank & Trust Co.New York Court of Appeals · 1932
9 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Lerner v. Fleet Bank, N.A.Court of Appeals for the Second Circuit · 2006
- Baron v. GalassoAppellate Division of the Supreme Court of the State of New York · 2011
- In Re Agape LitigationDistrict Court, E.D. New York · 2010
- American Banana Co. v. Republic National Bank of New York, N.A.Court of Appeals for the Second Circuit · 2004
- American Banana Co., Inc. v. Republic National Bank Of New YorkCourt of Appeals for the Second Circuit · 2004
34 more not listed; retrieve them via the Exa API.