Legal Opinion

Granite Equipment Leasing Corp. v. Hempstead Bank

New York Supreme Court

Decided December 15, 1971PublishedCited by 3 opinions

1Opinion of the CourtBertram Harnett, J.

Under the Uniform Commercial Code, does a bank have a duty of inquiry before paying a stale check? Does it matter that the stale check had been previously stopped under a stop payment order which expired for lack of renewal? So this case goes.

Granite Equipment Leasing Corp. kept a checking account with Hempstead Bank. On October 10, 1968 Granite drew a check payable to Overseas Equipment Co., Inc. Five days later, after Overseas advised that the check had not been received, Granite wrote the bank on October 15, 1968 to stop payment on the check. On that same day Granite authorized the hank to…

2Cases cited4 opinions

  1. Cowing v. . AltmanNew York Court of Appeals · 1877
  2. Goldberg v. Manufacturers Trust Co.City of New York Municipal Court · 1951
  3. National Commercial Bank & Trust Co. v. MadisonAppellate Division of the Supreme Court of the State of New York · 1946
  4. William Savage, Inc. v. Manufacturers Trust Co.Appellate Terms of the Supreme Court of New York · 1959

3Cited by3 opinions

  1. Davis Auction House, Inc. v. Ontario National BankAppellate Division of the Supreme Court of the State of New York · 1994
  2. Advanced Alloys, Inc. v. Sergeant Steel Corp.Appellate Terms of the Supreme Court of New York · 1973
  3. Advanced Alloys, Inc. v. Sergeant Steel Corp.Civil Court of the City of New York · 1973

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