Question

David Siegel maintained a checking account with the New England Merchants National Bank (Bank). On September 14, Siegel drew and delivered a $ 20,000 check payable to Peter Peters. The check was dated November 14. Peters immediately deposited the check in his own bank, which forwarded it for collection. On September 17, Bank paid the check and charged it against Siegel’s account. Siegel discovered that the check had been paid when another of his checks was returned for insufficient funds. Siegel informed Bank that the check to Peters was postdated November 14 and requested that the bank return the $ 20,000 to his account. When Bank refused, Siegel sued for wrongful debit of his account. Must Bank recredit Siegel’s account? Siegel v. New England Merchants National Bank, 386 Mass. 672, 437 N. E. 2d 218, 1982 Mass. Lexis 1559 (Supreme Judicial Court of Massachusetts)


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  • CreatedAugust 12, 2015
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