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Commercial Law Keyed to Whaley
Rock Island Auction Sales, Inc. v. Empire Packing Co.
Citation:
32 Ill.2d 269, 204 N.E.2d 721 (1965)Facts
On Monday, September 24, 1962, Plaintiff sold 61 head of cattle to Empire Packing and received a check from Empire Packing in the sum of $14,706.90. Plaintiff deposited this check at its bank and the check was received by the payor bank, Illinois National Bank, on Thursday, September 27, 1962. Empire Packing’s balance was insufficient to cover the check but Illinois National Bank, relying on Empire Packing’s assurances that additional funds would be deposited, held the check until Tuesday, October 2, 1962. That morning, Illinois National Bank marked the check as “not sufficient funds,” and mailed it out for return and sent notice of dishonor by telegram. The depository bank received the check on October 4, 1962. The check was never paid. Empire Packing was adjudicated bankrupt on December 13, 1962, and on February 16, 1963, Plaintiff initiated this lawsuit. Plaintiff contended that Illinois National Bank, as the payor bank, became liable for the amount of the check because it held the check without payment, return or notice of dishonor, beyond the time limit allowed under UCC §4-302.
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