BELMAR TRUCK CORP. v. AMER. TRUST CO.


65 Misc.2d 31 (1970)

Belmar Trucking Corporation, Plaintiff, v. American Trust Company, Defendant and Third-Party Plaintiff. Frank Jayson, Third-Party Defendant.

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

July 31, 1970


Attorney(s) appearing for the Case

David Abramowitz for plaintiff. Guzik & Boukstein (Joseph H. Einstein and Martin E. Randall of counsel), for defendant. Arthur Neukrug for third-party defendant.


EDWARD GOODELL, J.

The primary issue in this case is whether a collecting bank is liable to the corporate payee of a check for its face amount under the following circumstances: The plaintiff is engaged in the trucking business. One of its trailers was stolen in January, 1966. A claim for the loss was made on its behalf to the insurer, the Holyoke Mutual Fire Insurance Company, by the plaintiff's insurance broker...

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