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Hillsley v. State Bank of Albany

Court of Appeals of the State of New York
Dec 29, 1966
223 N.E.2d 571 (N.Y. 1966)

Summary

In Hillsley (pp. 30-31, 263 N.Y.S.2d pp. 580-581), the court held that a drawee bank, which paid a certified check over a forged indorsement, could not rely upon the defense that the funds eventually reached the rightful payee where the proceeds of the check were not applied by the payee for the purpose intended by the drawer.

Summary of this case from Eatinger v. First Nat'l. Bank of Lewistown

Opinion

Argued November 23, 1966

Decided December 29, 1966

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, RUSSELL G. HUNT, J.

John E. Knauf for appellant.

Irving I. Waxman and Lester R. Rubin for plaintiff-respondent.

Lambert L. Ginsberg for Union National Bank of Troy, respondent.


Judgment affirmed, with costs; no opinion.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.


Summaries of

Hillsley v. State Bank of Albany

Court of Appeals of the State of New York
Dec 29, 1966
223 N.E.2d 571 (N.Y. 1966)

In Hillsley (pp. 30-31, 263 N.Y.S.2d pp. 580-581), the court held that a drawee bank, which paid a certified check over a forged indorsement, could not rely upon the defense that the funds eventually reached the rightful payee where the proceeds of the check were not applied by the payee for the purpose intended by the drawer.

Summary of this case from Eatinger v. First Nat'l. Bank of Lewistown
Case details for

Hillsley v. State Bank of Albany

Case Details

Full title:MORTON B. HILLSLEY, Respondent, v. STATE BANK OF ALBANY, Appellant, and…

Court:Court of Appeals of the State of New York

Date published: Dec 29, 1966

Citations

223 N.E.2d 571 (N.Y. 1966)
223 N.E.2d 571
277 N.Y.S.2d 148

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