Legal Opinion
American Guarantee & Liability Insurance v. Public National Bank & Trust Co.
City of New York Municipal Court
Decided June 30, 1958PublishedCited by 1 opinion
1Opinion of the CourtHarold Baer, J.
This is a motion to strike ont a complaint as sham under rule 103 of the Rules of Civil Practice and to dismiss that complaint under rule 106.
Briefly, plaintiff insured Lustra Corporation under the usual depositor’s fraud policy. The policy covered the insured and any hank where it deposited funds (policy is not part of the pleadings). An employee of Lustra obtained checks made pay*228able to employees, forged their names and cashed them with various persons and firms. This action is concerned with 32 of such checks, 'all drawn on Bankers Trust Company as drawer’s bank or depository and all…
2Cases cited9 opinions
- Dior v. MiltonNew York Supreme Court · 1956
- In Re Proving the Will of BergdorfNew York Court of Appeals · 1912
- Bank of Long Island v. YoungAppellate Division of the Supreme Court of the State of New York · 1905
- National Surety Corp. v. Federal Reserve BankNew York Supreme Court · 1936
- Bank of New York v. Public National Bank & Trust Co.New York Supreme Court · 1948
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