Legal Opinion
Bank of Commerce v. De Santis
Civil Court of the City of New York
Decided June 15, 1982PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Ira B. Harkavy, J.
A bank’s right to charge back a customer’s account when the bank has made provisional settlement for items that are subsequently dishonored is codified in section 4-212 of the Uniform Commercial Code. The issue before this court is the applicability of section 4-212 of the Uniform Commercial Code to accounts held in the name of a partner when the dishonored items were the subject of banking transactions conducted by one partner allegedly acting outside the scope of the partnership business. May a bank avail itself of the charge back remedy against…
2Cases cited14 opinions
- Ruzicka v. RagerNew York Court of Appeals · 1953
- Seligman v. . FriedlanderNew York Court of Appeals · 1910
- Pedersen v. Manitowoc Co.New York Court of Appeals · 1969
- Mabbett v. . WhiteNew York Court of Appeals · 1855
- Patrikes v. J. C. H. Service Stations, Inc.City of New York Municipal Court · 1943
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mount Vernon Fire Insurance v. East Side Renaissance AssociatesDistrict Court, S.D. New York · 1995
- Yoder v. Cromwell State BankIndiana Court of Appeals · 1985
- Chase v. Morgan Guarantee Trust Co.District Court, S.D. New York · 1984
- Shar's Cars, L.L.C. v. ElderCourt of Appeals of Utah · 2004
- In Re Monetary GroupUnited States Bankruptcy Court, M.D. Florida · 1989
7 more not listed; retrieve them via the Exa API.