1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 113 A.D.2d
  5. 113 A.D.2d 387 (1985)
 

SMITH, INC. v. MERRILL LYNCH

113 A.D.2d 387 (1985)

Leonard Smith, Inc., et al., Respondents, v. Merrill Lynch, Pierce, Fenner and Smith, Defendant, Marine Midland Bank, N. A., Appellant-Respondent, and Chase Manhattan Bank, N. A., Respondent-Appellant

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

December 5, 1985

Attorney(s) appearing for the Case

Noonan, Troue, Gutermuth & O'Connor (Robert J. Rock of counsel), for appellant-respondent.

Lee, LeForestier, Malone & Hanft, P. C. (David R. Murphy of counsel), for respondent-appellant.

Taub & Starrs (John Starrs of counsel), for respondents.

MAHONEY, P. J., MAIN and HARVEY, JJ., concur with CASEY, J.; KANE, J., dissents and votes to affirm in an opinion.

CASEY, J.

Pursuant to plaintiffs' written instructions concerning an investment account, defendant Merrill Lynch, Pierce, Fenner and Smith (Merrill Lynch) issued a check drawn on its account with defendant Chase Manhattan Bank, N. A. (Chase) payable to Guardian Life Insurance Company (Guardian Life), which was delivered to one Robert Spuck, who had represented himself to plaintiffs as an agent of Guardian Life...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases