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Commercial Law Keyed to Zierdt, 1st Ed.
Smallman v. Home Federal Savings Bank of Tennessee
Citation:
786 S.W.2d 954 (1989)Facts
The Smallmans deposited a $703.87 check from Linda Petruzello into their Home Federal account on April 22, 1985. The check was processed through multiple banks but was ultimately dishonored by AmSouth Bank due to insufficient funds in Petruzello’s account. The check was lost in the mail during the return process. Home Federal received notice of non-payment on July 30, but did not notify the Smallmans. On August 30, Home Federal received a second notice that the check would not be paid. The bank charged back the Smallmans’ account on September 5, without providing prior notice. The Smallmans only discovered the charge-back on September 8 when they attempted to use an ATM and found a zero balance. As a result, 14 of their checks were returned for insufficient funds. The Smallmans closed their account on September 20 after consulting with an attorney.
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