Legal Opinion
Sunshine v. Bankers Trust Co.
New York Court of Appeals
Decided June 19, 1974PublishedCited by 23 opinions
1Opinion of the CourtWachtler, J.
On September 28, 1971, Oscar Sunshine, the ailing president of Modern Pillow, Inc. (Modern) gave his wife Elizabeth a signed check from Modern drawn on Bankers Trust Company (Bank). He allegedly told her to fill in the check for whatever amount she needed. That night Elizabeth inserted her name and the amount ($10,000), thus completing the check (see Uniform Commercial Code, § 3-115, subd. [1]). Soon thereafter Oscar died. On November 11, 1971, Elizabeth deposited the duly indorsed check in her special checking account at the Bank, the same branch on which the check was drawn. The same day,…
2Cases cited2 opinions
- Wen Kroy Realty Co. v. Public National Bank & Trust Co.New York Court of Appeals · 1932
- 622 West 113th Street Corp. v. Chemical Bank New York Trust Co.Civil Court of the City of New York · 1966
3Cited by23 opinions
- Fischer & Mandell LLP v. Citibank, N.A.Court of Appeals for the Second Circuit · 2011
- In re the Arbitration between Amica Mutual Insurance & JonesAppellate Division of the Supreme Court of the State of New York · 1981
- Morgan Guaranty Trust Company Of New York v. American Savings And Loan AssociationCourt of Appeals for the Third Circuit · 1986
- David Graubart, Inc. v. Bank Leumi Trust Co.New York Court of Appeals · 1979
- Met Frozen Food Corp. v. National Bank of North AmericaNew York Supreme Court · 1977
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