WALTER, INC. v. MARINE MIDLAND


103 A.D.2d 466 (1984)

Murray Walter, Inc., Respondent, v. Marine Midland Bank, Appellant

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

October 11, 1984


Attorney(s) appearing for the Case

Coughlin & Gerhart (Robert J. Smith and Mark S. Gorgos of counsel), for appellant.

James N. Cahill (Thomas F. Cannavino of counsel), for respondent.

MAHONEY, P. J., KANE, CASEY and LEVINE, JJ., concur.


WEISS, J.

The question posed in this appeal is whether a drawee bank is liable to its customer when it makes payment upon a check lacking indorsement of one of the payees. Plaintiff was a general contractor on construction of a wastewater treatment plant in New Hampshire on which H. Johnson Electric, Inc., was the electrical subcontractor and General Electric Supply (G.E. Supply) the supplier of electrical materials required. On May 1, 1980, plaintiff...

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