Oneida National Bank & Trust Co. v. Allstate Insurance

The plaintiff moves for summary judgment in lieu of a complaint.

The defendant has a form of draft on which everything is printed except the name of the payee, the amount and the defendant’s authorized signature. Immediately ahead of the space for the payee’s name appears “ At sight when approved pay to the order of”. This motion raises the question, when approved by whom.

The defendant answers, “The Marine Midland Bank”, through which the draft is made payable. This cannot be. This is not a check drawn on a bank. (See Uniform Commercial Code, § 3-104, subd. [2], par. [d].) It is a draft…