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COREGIS INS. CO. v. FLEET NATIONAL BANK

(AC 22136)

68 Conn. App. 716 (2002)

COREGIS INSURANCE COMPANY v. FLEET NATIONAL BANK

Appellate Court of Connecticut.

Officially released March 26, 2002.

Attorney(s) appearing for the Case

Gerald L. Garlick, with whom was Kenneth M. Rozich, for the appellant (defendant).

Eric J. Foy, with whom, on the brief, was Joel M. Fain, for the appellee (plaintiff).

Lavery, C. J., and Schaller and Peters, JS.

Opinion

PETERS, J.

This is a case of statutory construction. Under General Statutes § 42a-4-401, a bank may charge against a customer's account only those items that are "properly payable."1 The sole issue in this appeal is whether, under General Statutes §§ 42a-3-110 (d) and 42a-3-205 (d), a check made payable in the alternative to one of several payees authorizes a payor to honor the check, even if it...

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