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Commercial Law Keyed to Whaley
Wesseling & Brackmann, PC v. Huntington Bancshares Financial Corporation
Citation:
2018 WL 1176334 (2018)Facts
On September 24, 2014, Plaintiff was contacted by an individual named Jason Walter who was attempting to hire a Michigan attorney to help him sell a drilling rig. Plaintiff agreed to provide services to Walter, unaware he was a fraudster and that his business was fictitious. On Friday, October 17, 2014, Plaintiff received a letter of intent purportedly outlining the terms of sale for the rig as well as an apparent cashier’s check in the amount of $380,000. Walter instructed that $200,000 of the funds from the check were to be wired to a copmany called JMS International, LLC. That same day, Plaintiff deposited the check in its account with Defendant Bank. On Monday, October 20, 2014, Plaintiff spoke with an employee of the Bank to determine the status of the check. The Bank’s employee confirmed that the check had cleared and that Plaintiff was “good to go.” Plaintiff wired the money but later learned the check had been dishonored. The Bank attempted to stop the wire transfer but $58,155.20 remained lost. Plaintiff sued the Bank, arguing that the lost funds were on account of misrepresentations made by the Bank’s employees.
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