Legal Opinion

Hechter v. New York Life Insurance

New York Court of Appeals

Decided December 6, 1978PublishedCited by 75 opinions

1Opinion of the Court

*36OPINION OF THE COURT

Cooke, J.

The concern on this appeal is whether an action by the payee of a check against a collecting bank for wrongfully collecting the instrument over a forged indorsement is timely if brought within six years of accrual.

Plaintiff Rochelle Hechter was named as payee on three checks issued in April, 1970. Two of these negotiable instruments were drawn by New York Life Insurance on Morgan Guaranty Trust Company, while the third, issued by United Benefit Life Insurance, had as its drawee the Omaha National Bank. In the aggregate, the checks represented more than $135,000 in…

2Cases cited11 opinions

  1. Terry v. . MungerNew York Court of Appeals · 1890
  2. Matter of Sullivan Co., Inc.New York Court of Appeals · 1942
  3. Henderson v. Lincoln Rochester Trust Co.New York Court of Appeals · 1951
  4. Hutzler v. Hertz Corp.New York Court of Appeals · 1976
  5. Hillsley v. State Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1965

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3Cited by75 opinions

  1. Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
  2. Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc.New York Court of Appeals · 2011
  3. State v. Barclays Bank of New York, N. A.New York Court of Appeals · 1990
  4. Batas v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 2001
  5. Morgan Guaranty Trust Company Of New York v. American Savings And Loan AssociationCourt of Appeals for the Third Circuit · 1986

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