Question: Same fact situation, except that Maggie Lee takes the check and deposits it in her checking account with Octopus National Bank. The balance in the
Same fact situation, except that Maggie Lee takes the check and deposits it in her checking account with Octopus National Bank. The balance in the checking account prior to the deposit was $.07. Later that same day, Maggie wrote a check for $1,000.07 and cashed it at her bank, thereby withdrawing all the money from her account. Octopus National Bank sent the check to the payor bank, Careless State Bank, which negligently paid the check over the stop-payment order. Can Careless State still use the above two defenses when p. 721Rupert sues? See 4-211, 4-210(a); Universal C.I.T. Credit Corp. v. Guaranty Bank & Trust Co., 161 F. Supp. 790 (D. Mass. 1958)
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