Commercial Law Keyed to Warren
First Union National Bank v. Bank One, N.A
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- 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.
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- Brief Facts: A Synopsis of the Facts of the case.
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- 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:
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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