MERCAFE CLEARING, INC. v. CHEM. BANK


216 A.D.2d 231 (1995)

628 N.Y.S.2d 700

Mercafe Clearing, Inc., et al., Appellants, v. Chemical Bank, Respondent

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

June 29, 1995


Plaintiff Mercafe Clearing, Inc. ("Mercafe") is a futures commodities merchant that trades on the Coffee, Sugar and Cocoa Exchange ("the Exchange"). The Exchange is regulated by the CSC Clearing Corporation ("CSC"). Individual plaintiff, Sebastian Angelico, is Mercafe's principal.

CSC's rules require Mercafe to maintain a "margin account" with an "authorized bank". By 10:00 A.M. of each business day, CSC issues each member merchant a demand for payment, or margin...

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