Bradford Trust Co. v. Citibank, N. A.
Cases that cite this one
7 later published cases cite this decision.
- Mtr. of Knox (Columbia Banking) (N.Y. 1985)
- Snow v. Byron (Fla. Dist. Ct. App. 1991)
- Temp Realty Corp. v. Man Tong He (Appellate Division of the Supreme Court of New York 2017)
- Diamore Realty Corp. v. Stern (Appellate Division of the Supreme Court of New York 2008)
- Crick v. HSBC Bank USA (Civil Court of the City of New York 2004)
- Siroty v. Nelson (N.Y. 1990)
- In re Knox (Appellate Division of the Supreme Court of New York 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Although there are circumstances under which the drawer of a negotiable instrument may have a cause of action against a depositary bank that has paid over a forged but effective indorsement, Special Term correctly determined that the factors urged by plaintiff as establishing that the depositary bank wrongfully paid the instrument are insufficient to invoke that rule of liability. The subject instrument was not paid in a manner inconsistent with any restrictive indorsement (Uniform Commercial Code, § 3-205), nor was the instrument improperly or inadequately indorsed (Uniform Commercial Code, §§ 3-117, 3-204). Finally, there is no requirement that a check payable to a fiduciary be deposited to a fiduciary account, and the fact that the instrument was not so deposited may not, without more, be relied upon as establishing a wrongful payment on the part of the depositary bank (see Uniform Commercial Code, § 3-304, subd [2]).
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.