Moore v. Richmond Hill Savings Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kunzeman, J.
The main issue presented by this appeal is whether a "depositary” or "collecting” bank is liable for conversion pursuant to UCC 3-419 (1) (c) and in a common-law action for moneys had and received when it has paid out funds on a forged indorsement on a stolen check or draft. We agree with both the Appellate Term and the Civil Court that, in this case, the defendant Richmond Hill Savings Bank (hereinafter Richmond Hill) is not liable to the plaintiff, the rightful payee of the stolen draft, for paying out funds on the instrument over a forged indorsement of the…
2Cases cited20 opinions
- Hechter v. New York Life InsuranceNew York Court of Appeals · 1978
- Diemer v. DiemerNew York Court of Appeals · 1960
- Salsman v. National Community Bank of RutherfordNew Jersey Superior Court Appellate Division · 1968
- Cooper v. Union BankCalifornia Supreme Court · 1973
- Henderson v. Lincoln Rochester Trust Co.New York Court of Appeals · 1951
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3Cited by10 opinions
- State v. Barclays BankAppellate Division of the Supreme Court of the State of New York · 1989
- Liberman v. WordenAppellate Division of the Supreme Court of the State of New York · 2000
- Board of Education of the Sachem Central School District at Holbrook v. JonesAppellate Division of the Supreme Court of the State of New York · 1994
- Board of Education v. RettaliataAppellate Division of the Supreme Court of the State of New York · 1992
- Board of Managers of the Mews at North Hills Condominium v. FarajzadehNassau County District Court · 2000
5 more not listed; retrieve them via the Exa API.