MARINE v. PRICE MILLER EVANS


57 N.Y.2d 220 (1982)

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

Court of Appeals of the State of New York.

Decided October 14, 1982.


Attorney(s) appearing for the Case

Jeremiah J. McCarthy for appellants.

Paul K. Stecker for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur.


WACHTLER, J.

The question on this appeal is whether the plaintiff, Marine Midland Bank can claim the status of a holder in due course of a check which it cashed without indorsement and stamped "credited to the account of the payee herein named", although the payee, who had presented the check, had no account at the bank. By a divided court the Appellate Division held that the bank had properly supplied the missing...

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