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Commercial Law Keyed to Lopucki
Corfan Banco Asuncion Paraguay v. Ocean Bank
Facts
Plaintiff, a foreign banking corporation, originated a wire transfer of $72,972.00 to the account of its customer, Jorge Alberto Dos Santos Silva (Silva) with Defendant. The wire transfer contained Silva’s name but incorrectly stated his account number. Defendant confirmed with Silva his correct account number and then deposited the funds. Plaintiff realized the mistake and sent a second wire transfer in the same amount. Defendant deposited the funds into Silva’s account automatically. Plaintiff then inquired with Defendant about the two wire transfers maintaining that only one was intended. In the meanwhile, Silva had withdrawn the proceeds of both transfers. Plaintiff then brought this suit to recover the $72,972.00.
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