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Commercial Law Keyed to Warren
Bowling Green, Inc. v. State Bank & Trust Co
Facts
Plaintiff, Bowling Green (the “plaintiff”), negotiated a check for $15,306 to Bowl-Mor, Inc. for the purchase of candlepin setting machines. Plaintiff acquired the money through a Small Business Administration loan. The check represented the first installment on a conditional sales contract for the purchase of the machines. A representative of Bowl-Mor deposited the check in defendant, State Bank & Trust (the “defendant”). The defendant immediately credited $5,024.85 of the check against an overdraft in Bowl-Mor’s account. When the defendant later learned that Bowl-Mor filed for reorganization under Chapter X of the Bankruptcy Act, the defendant applied the remaining money against debts that Bowl-Mor owed the Bank. Shortly thereafter, Bowl-Mor was adjudicated a bankrupt. Plaintiff never received the machine for which it contracted and plaintiff’s part payment remains with the defendant. The district court found that the defendant was a holder in due course and therefore entitled to take the check free of all defenses.
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