American Title Insurance v. Burke & Herbert Bank & Trust Co.

MEMORANDUM OPINION

ELLIS, District Judge.

I

This diversity suit arises from the failure of defendant Burke & Herbert Bank & Trust Company (“Burke & Herbert”) to return three checks presented to it for payment to their respective payees within the time period prescribed by Va.Code § 8.4-302. 1 Plaintiff, American Title Company (“American Title”), contends that Burke & Herbert is strictly liable for the untimely return of the checks, and that it may en force payment from the bank in its own name as the transferee, assignee, and/or subrogee of the original payees. Burke & Herbert, on the other…