KENOSHA BEEF INT'L, INC. v. BANKERS TRUST CO.


92 A.D.2d 457 (1983)

Kenosha Beef International, Inc., Respondent, v. Bankers Trust Company, Appellant

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

February 1, 1983


Plaintiff sold meat to McCook Boxed Beef Corporation (McCook) and McCook paid by check drawn on its account with defendant bank. By the time that some of the checks given plaintiff were presented to defendant, McCook had stopped payment. In 1980 McCook filed for reorganization under the Federal Bankruptcy Act (US Code, tit 11, ch 11) and plaintiff is a creditor in that proceeding. In January, 1981, plaintiff commenced litigation against defendant. In essence, the complaint...

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