Legal Opinion
Cellco Partnership v. Federal-Mogul Global, Inc. (In Re Federal-Mogul Global, Inc.)
United States Bankruptcy Court, D. Delaware
Decided January 14, 2005No. 10-11779PublishedCited by 3 opinions
1Opinion of the Court
OPINION
RAYMOND T. LYONS, Bankruptcy Judge. 1
Mellon Bank, N.A. (“Mellon”) moved for summary judgment that it has no liability for paying a check drawn by plaintiff, Céli-co Partnership d/b/a Verizon Wireless (“Verizon”). Although the payee did not indorse the check, Section A-205 of the Uniform Commercial Code 2 makes the depositary bank a holder where the payee delivers the check to the depositary bank for collection. Mellon paid Bank of America, N.A. (“BofA”), the depositary bank and holder of the check. The item was properly payable and Mellon had the right to charge Verizon’s account.
JURISD…
2Cases cited9 opinions
- McAdam v. Dean Witter Reynolds, Inc.Court of Appeals for the Third Circuit · 1990
- Amberboy v. Societe De Banque PriveeTexas Supreme Court · 1992
- Perini Corporation and Brown Brothers, Harriman and Company, Plaintiffs v. The First National Bank of Habersham County, Georgia, the Fulton National Bank of Atlanta, Georgia and Morgan Guaranty Trust Company of New York, New York, Perini Corporation and Brown Brothers, Harriman and Company, Plaintiffs v. The First National Bank of Habersham County, Georgia, and the Fulton National Bank of Atlanta, GeorgiaCourt of Appeals for the First Circuit · 1977
- Coffin v. Fidelity-Philadelphia Trust Co.Supreme Court of Pennsylvania · 1953
- Knight Publishing Co. v. Chase Manhattan Bank, N.A.Court of Appeals of North Carolina · 1997
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mills v. U.S. BankCalifornia Court of Appeal · 2008
- E53 Federal Credit Union v. Perez (In Re Perez)United States Bankruptcy Court, D. New Jersey · 2010
- Kathleen Keener v. Wells Fargo Bank N.A.Delaware Court of Common Pleas · 2017