OQUENDO v. FEDERAL RESERVE BANK OF NEW YORK

No. 366.

98 F.2d 708 (1938)

OQUENDO v. FEDERAL RESERVE BANK OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

July 29, 1938.


Attorney(s) appearing for the Case

Benjamin A. Wilder, of Brooklyn, N. Y. (Michael M. Platzman, of New York City, of counsel), for appellant.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Ralph M. Carson, Francis W. Phillips, and S. Hazard Gillespie, Jr., all of New York City, of counsel), for appellee Federal Reserve Bank of New York.

White & Case, of New York City (Chester Bordeau, Winslow M. Lovejoy, and William J. Killoran, all of New York City, of counsel), for appellee Midwood Trust Co.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


SWAN, Circuit Judge.

By this action Belen Oquendo seeks to recover the value of a check for $13,933.67 payable to her order and drawn on the Treasurer of the United States. The check was dated March 7, 1931 and was sent to her by mail in care of her attorney, I. A. Rabinow. Upon the back of the check was printed the following restriction with respect to endorsement: "This check must be indorsed by the payee or his attorney in fact if accompanied by a special power...

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