MARINE MIDLAND BANK v. PRICE, MILLER, EVANS & FLOWERS


85 A.D.2d 903 (1981)

Marine Midland Bank, N. A., Plaintiff, v. Price, Miller, Evans & Flowers et al., Defendants and Third-Party Plaintiffs. Culp & Evans, Third-Party Defendant

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

December 23, 1981


Judgment granted in favor of plaintiff, with costs.

Memorandum:

This case is submitted to the court for determination pursuant to CPLR 3222. The issue is whether plaintiff bank became a holder in due course of checks drawn by defendant law firm when, upon receiving the checks from the payee, it stamped them "Credited to the account of the payee herein named. Marine Midland Chautauqua National Bank" despite the fact that the payee had no account with plaintiff...

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