Anders Johansson owned Titan Custom Cabinets, Inc., which had accounts with the bank SunTrust. In early May

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Anders Johansson owned Titan Custom Cabinets, Inc., which had accounts with the bank SunTrust. In early May 2017, Johansson deposited a check from a customer into one of Titan’s accounts at SunTrust. The Plaintiffs allege that this check (hereinafter referred to as Check A) was properly processed. Approximately two weeks later, a different check (hereinafter Check B) in the same dollar amount was deposited by a different SunTrust customer into an unrelated SunTrust checking account. SunTrust returned Check B for “insufficient funds.”

However, the amount of Check B was allegedly deducted from Titan’s business account, as opposed to the account identified on Check B.

Titan subsequently received notice that Check A had been dishonored. SunTrust’s local branch in Baltimore investigated the matter, and ultimately, the funds were credited back to Titan’s account.

In June 2017, a fraud investigator of the bank contacted Johansson. SunTrust believed that Titan, through Johansson, had acted in a criminal and fraudulent manner and the bank intended to take back the money from Check A that it had credited to the Titan account. On July 13, 2017, Titan received written notice dated July 6, 2017, that both of its bank accounts had been closed. Titan began receiving notices from its customers and vendors that its checks were being dishonored and that they no longer believed Titan to be “reputable or solvent.” On July 14, 2017, SunTrust advised Johansson that it had made an error and that Titan’s accounts would be reopened. What recourse might Johansson have against SunTrust?

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Dynamic Business Law

ISBN: 9781260733976

6th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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