Commercial Law Keyed to Lopucki
Kimberly A. Allen Trust v. FirstBank of Lakewood, N.A
Petitioner deposited into its account with Respondent a check drawn on Bank One in the amount of $110,737.50. A hold was placed on the account pending payment of the check. The first business day after deposit, Respondent presented the check to Bank One for collection and was given provisional credit. Three days later, Bank One notified Respondents that it was returning the check for insufficient funds. Respondent then charged back the amount of the check and a return fee to Petitioner’s account. Petitioner filed suit claiming that Respondent was precluded from revoking the provisional credit and the charge-back was therefore improper.
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