Kosic v. Marine Midland Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
Plaintiff, a depositor, has sued defendant Marine Midland Bank (Marine) for charging his account with two cashier’s checks which were not "properly payable” (Uniform Commercial Code, § 4-401). The central question in this appeal stems from the contention of Marine and third-party defendant First National Bank (First National), the collecting bank, that Marine is relieved of any liability as drawee because the funds covered by the checks reached the intended payee. Special Term has denied plaintiff’s motion for summary judgment as well as the cross motions…
2Cases cited11 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Federal Insurance v. Groveland State BankNew York Court of Appeals · 1975
- Gutfreund v. East River National BankNew York Court of Appeals · 1929
- Sundail Construction Co. v. Liberty BankNew York Court of Appeals · 1938
- Gotham-Vladimir Advertising, Inc. v. First National City BankAppellate Division of the Supreme Court of the State of New York · 1967
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3Cited by19 opinions
- Lassen v. First Bank Eden PrairieCourt of Appeals of Minnesota · 1994
- Monreal v. Fleet BankNew York Court of Appeals · 2000
- Pamar Enterprises, Inc. v. Huntington BanksMichigan Court of Appeals · 1998
- Five Towns College v. CitibankAppellate Division of the Supreme Court of the State of New York · 1985
- Knight Publishing Co. v. Chase Manhattan Bank, N.A.Court of Appeals of North Carolina · 1997
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