1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 90 N.Y.2d
  5. 90 N.Y.2d 322 (1997)
 

GETTY PETROLEUM v. AM EXPRESS

90 N.Y.2d 322 (1997)

683 N.E.2d 311

660 N.Y.S.2d 689

Getty Petroleum Corp., Respondent, v. American Express Travel Related Services Company, Inc., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 12, 1997.

Attorney(s) appearing for the Case

Camhy Karlinsky & Stein, L. L. P., New York City (John F. Triggs, Martin E. Karlinsky and Adam D. Cole of counsel), for appellant.

Del Gadio & Tomao, Uniondale (Robert G. Del Gadio, Peter J. Tomao and Steven M. Lester of counsel), for respondent.

Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

Chief Judge KAYE.

Ordinarily, the drawer of a check is not liable on a forged indorsement. An exception to this principle is found in Uniform Commercial Code § 3-405 (1) (b) — the "fictitious payee" rule — which allocates the loss to the drawer if "a person signing as or on behalf of a * * * drawer intends the payee to have no interest in the instrument." In this case of statutory interpretation...

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