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MENTHOR, S.A. v. SWISS BANK CORP.

No. 78 Civ. 4326(MEL).

549 F.Supp. 1125 (1982)

MENTHOR, S.A., Plaintiff, v. SWISS BANK CORP., and Manufacturers Hanover Trust Company, Defendants. MANUFACTURERS HANOVER TRUST CO., Defendant and Third-Party Plaintiff, v. BANCO DI NAPOLI, Banco Popular De Puerto Rico and Chemical Bank, Third-Party Defendants.

United States District Court, S.D. New York.

October 15, 1982.

Attorney(s) appearing for the Case

Cole & Dietz, New York City, for plaintiff; Joseph DiBenedetto, Margot B. Schonholtz, New York City, of counsel.

White & Case, New York City, for defendant Swiss Bank Corp.; Burton T. Ryan, Robert W. Griffith, New York City, of counsel.

Robert M. Rosenblith, New York City, for defendant and third-party plaintiff Manufacturers Hanover Trust Co.

Pavia & Harcourt, New York City, for third-party defendant Banco di Napoli; David A. Botwinik, Timothy J. DeBaets, New York City, of counsel.

Theodore P. Cohen, New York City, for third-party defendant Banco Popular de Puerto Rico.

John B. Wynne, New York City, for third-party defendant Chemical Bank; Thomas W. Cullen, New York City, of counsel.

LASKER, District Judge.

This action, which raises a number of complicated and technical questions of banking law, concerns a dispute between Manufacturers Hanover Trust Co., Swiss Bank Corp., Chemical Bank, Banco di Napoli and Banco Popular de Puerto Rico as to who is liable for the loss of seven checks totalling $52,059.72, which disappeared somewhere in the international banking system. The facts are as follows:1

In late December...

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