Commercial Law Keyed to Warren
Essex Construction Corporation v. Industrial Bank of Washington, Inc
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
On March 31, 1995, plaintiff, Essex Construction Corporation (the “plaintiff”), deposited into its account at the defendant, Industrial Bank of Washington (the “defendant”), a check from East Side Manor Cooperative Association (East Side). The check was drawn against East Side account at Signet Bank. At the time plaintiff deposited the check, defendant provisionally credited plaintiff’s account but provided written notice that all but $100 of the funds would not be available for withdraw until April 6, 1995. On April 6, Signet Bank informed the defendant that East Side stopped payment on the checks. The defendant put a hold on the money deposited on March 31, thus revoking the provisional credit given to the plaintiff. On April 7, defendant mailed notice of this to the plaintiff. In the meantime, on April 7, the plaintiff wrote two checks against the funds it thought were available in its account. The plaintiff did not receive the written notice of the stop payment on t he check until April 11.
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