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MERSON v. SUN INS. CO.

44 Misc.2d 131 (1964)

Erwin Merson, Doing Business as Supreme Wine & Liquor Co., Plaintiff, v. Sun Insurance Company of New York, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

October 5, 1964

Attorney(s) appearing for the Case

Bernard S. Rogovin for plaintiff. Richard Formidoni and Theodosis J. Totolis for defendant.

EDWARD J. GREENFIELD, J.

The draft issued by the insurance company in this case was a fully negotiable bill of exchange (Negotiable Instruments Law, §§ 20, 210). The words "upon acceptance" meant acceptance by the drawee bank (Negotiable Instruments Law, § 220). These words did not render the instrument conditional, since presentment for acceptance may be required for any check or bill of exchange...

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