TALPIOT CORP. v. FERRARI EXPRESS, INC.


309 A.D.2d 667 (2003)

765 N.Y.S.2d 862

TALPIOT CORP., Appellant, v. FERRARI EXPRESS, INC., Respondent.

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

Decided October 28, 2003.


Plaintiff contracted with defendant for defendant to deliver certain packages C.O.D. The packages were delivered by defendant's delegatee, Federal Express, and, upon delivery, two cashier's checks, subsequently determined to be fraudulent, were obtained by the delegatee. Inasmuch, however, as the checks appeared to be in the correct amounts, and otherwise bore the necessary facial indicia of validity, no claim lies against defendant carrier for negligence in their acceptance...

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