Larry J. Goodwin and his wife maintained a checking and savings account at City National Bank of Fort Smith (Bank). Bank also had a customer named Larry K. Goodwin. Two loans of Larry K. Goodwin were in default. Bank mistakenly took money from Larry J. Goodwin’s checking account to pay the loans. At the end of the month, the Goodwins received written notice that four of their checks, which were written to merchants, had been dishonored for in-sufficient funds. When the Goodwins investigated, they discovered that their checking account balance was zero and that the bank had placed their savings account on hold. After being informed of the error, Bank promised to send letters of apology to the four merchants and to correct the error. Bank, however, subsequently “bounced” several other checks of the Goodwins. Eventually, Bank notified all the parties of its error. One month later, the Goodwins closed their accounts at Bank and were paid the correct balances due. They sued the bank for consequential and punitive damages for wrongful dishonor. Who wins? City National Bank of Fort Smith v. Goodwin, 301 Ark. 182, 783 S. W. 2d 335, 1990 Ark. Lexis 49 (Supreme Court of Arkansas)

  • CreatedAugust 12, 2015
  • Files Included
Post your question