Legal Opinion · Dissent

Seaboard Surety Co. v. Chase Manhattan Bank, N.A.

Appellate Division of the Supreme Court of the State of New York

Decided April 30, 1991Published

1DissentWallach, J.

Summary judgment was properly granted the drawee bank, Chase Manhattan Bank, since the proceeds of the ten checks in question actually reached the person intended by the drawer, William Esty Co., Inc., to receive them. That person was Esty itself, which named itself as the payee on the checks and received the proceeds through Ms. D’Agostino, its petty cash clerk, whose authority to deposit and receive cash for the checks had been expressly communicated to the depositary bank, third party defendant Irving Trust Company. Basic principles of agency law instruct that receipt of the proceeds by…

2Cases cited5 opinions

  1. Gotham-Vladimir Advertising, Inc. v. First National City BankAppellate Division of the Supreme Court of the State of New York · 1967
  2. McIsaac v. Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1980
  3. Policy Funding Corp. v. Kings County Lafayette Trust Co.Appellate Division of the Supreme Court of the State of New York · 1972
  4. Policy Funding Corp. v. Kings County Lafayette Trust Co.New York Court of Appeals · 1973
  5. Smith Barney, Harris Upham & Co. v. CitibankAppellate Division of the Supreme Court of the State of New York · 1990

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