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Commercial Law Keyed to Warren
First Union National Bank v. Bank One, N.A
Facts
Plaintiff, First Union National Bank (the “plaintiff”), the depository bank, under-encoded a check for the amount of $0.00. The check had a face amount of $507,598.30. The plaintiff then presented the check to Mellon, an intermediary bank, for collection. Mellon then presented the check to Bank One, the payor bank, for payment. Initially, Bank One settled the check for its encoded amount of $0.00, however, Bank One then discovered the under-encoding error and paid Mellon the full face value of the check. Mellon never remitted the amount to the plaintiff. Upon never receiving the payment, the plaintiff presented a photocopy of the check to Bank One and Bank One again paid the value of the check. On the Bank One’s behalf, First Union sought to recover Bank One’s first payment from Mellon. Plaintiff moves for partial summary judgment against Mellon.
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