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SEABOARD SUR. CO. v. FIRST NAT. BANK

15 Misc.2d 816 (1958)

Seaboard Surety Company, Plaintiff, v. First National City Bank of New York et al., Defendants.

City Court of the City of New York, New York County.

June 12, 1958.

Attorney(s) appearing for the Case

Konheim, Halpern & Wolf (David S. Konheim of counsel), for plaintiff.

Shearman & Sterling & Wright (Charles C. Parlin, Jr., and Alan H. Wright of counsel), for First National City Bank, New York, defendant.

Gasser & Hayes (Stanton D. McMahon of counsel), for Wheel Parts & Manufacturing Co., defendant.

SAMUEL C. COLEMAN, J.

A corporation mailed a dividend check for $4.72 to one of its shareholders in the Philippines. Several months later the defendant, Wheel Parts, received the check from a firm in the Philippines with which it had had dealings. The amount had been raised to $4,720. There is no suggestion that this had been done by Wheel Part's correspondent. That correspondent had not indorsed the check;...

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