SILVERSTEIN v. CHARTERED BANK HONG KONG


56 A.D.2d 766 (1977)

Jack Silverstein, Doing Business as Albro Men's Wear & Sports Shop, Respondent, v. Chartered Bank Hong Kong, Defendant, and Marine Midland Bank, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 10, 1977


The defendant-appellant Marine Midland Bank, from its branch in New York City, transferred $12,500 of the plaintiff's money to the named defendant, Chartered Bank of Hong Kong, in Hong Kong with instructions to pay it out when explicit instructions had been complied with. The Hong Kong bank paid without the requirements having been met. The Hong Kong bank was neither served in this action nor did it appear. The underlying question on

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