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SPIELMAN v. CHEM. BANK

60 N.Y.2d 221 (1983)

Michael Spielman et al., as Trustees of Production Workers Union Local 148 Welfare Fund, Respondents, v. Manufacturers Hanover Trust Company, Defendant, and Chemical Bank, Appellant.

Court of Appeals of the State of New York.

Decided November 3, 1983.

Attorney(s) appearing for the Case

Harold Weisblatt, John B. Wynne and Robert T. Stephenson for appellant.

Thomas J. McNamara for respondents.

Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur with Judge SIMONS; Chief Judge COOKE concurs in result in the following memorandum: "I concur. Insofar as the majority opinion infers that the first three lines of the indorsement might not be treated in some instances as a restrictive indorsement, I cannot agree."

SIMONS, J.

Plaintiffs are trustees of Production Workers Union Local 148 Welfare Fund (Fund). At the direction of its attorney, Robert T. Weisswasser, the Fund drew a check on defendant Manufacturers Hanover Trust Company payable to Pitney, Hardin & Kipp, a New Jersey law firm which represented another party in a pending lawsuit against the Fund. The check was delivered to Weisswasser to be used as payment...

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