BANK OF HAWAII INTERNATIONAL CORP. v. MARCO TRADING CORP.


261 A.D.2d 333 (1999)

692 N.Y.S.2d 21

BANK OF HAWAII INTERNATIONAL CORP., Respondent, v. MARCO TRADING CORP., Appellant.

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

Decided May 27, 1999.


Plaintiff, a collecting bank (UCC 4-105 [d]), inadvertently delivered documents of title to defendant without first obtaining defendant's acceptance of the accompanying draft, and, as a result, was compelled to pay the draft itself. Defendant, which took possession of the goods covered by the draft, refuses to reimburse plaintiff on the ground that it never signed the draft, relying on UCC 3-401 (1), which provides, "No person is liable on an instrument unless his signature...

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