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INDYK v. HABIB BANK LTD.

Nos. 46, 252, Dockets 82-7045, 82-7073.

694 F.2d 54 (1982)

Evelyn INDYK and Leo Indyk, Plaintiffs-Appellees-Appellants, v. HABIB BANK LIMITED, Defendant-Appellant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 29, 1982.

Attorney(s) appearing for the Case

Jeffry L. Feldman, New York City (Morton Zuckerman, Charles Meaden, Law Offices of Dunn & Zuckerman, New York City, on the brief), for defendant-appellant-appellee.

Gordon F. Harrington, Washington, Pa. (Paul D. Wexler, Dahan & Nowick, New York City, on the brief), for plaintiffs-appellees-appellants.

Before LUMBARD, CARDAMONE and WINTER, Circuit Judges.

CARDAMONE, Circuit Judge:

There are two issues involved in this appeal; both are governed by New York law. The first is whether a party to whom a bank's postdated cashier's check is delivered takes the check as a holder in due course; we hold that under New York law it may. The second is whether the bank which issued the cashier's check may properly assert a set-off to the amount it owes based upon a theory of unjust enrichment; we hold that under New York law applied...

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