Legal Opinion

Mark A. Nelson, Dba Nelson Farm Equipment v. Platte Valley State Bank & Trust Company

Court of Appeals for the Eighth Circuit

Decided November 14, 1986No. 86-1431PublishedCited by 6 opinions

1Opinion of the Court

HEANEY, Circuit Judge.

This appeal .presents the issue whether the process of posting of a check has been completed such that a bank has made final payment and has become liable thereon.

FACTS

The material facts in this case are not in dispute. Mark A. Nelson accepted a check dated March 1, 1984, from P & P Machinery Co. (P & P) in consideration for the sale of a tractor. The check was drawn on Platte Valley State Bank & Trust Co. (Platte Valley). After telephoning Platte Valley and receiving assurances that there were adequate funds at the time of the call in P & P’s account to cover the check,…

2Cases cited6 opinions

  1. United States v. The J. B. Williams Company, Inc., and Parkson Advertising Agency, Inc.Court of Appeals for the Second Circuit · 1974
  2. Kifer v. Liberty Mutual InsuranceCourt of Appeals for the Eighth Circuit · 1985
  3. Marjorie Louise Dabney v. Montgomery Ward & Co., Incorporated, and Honeywell, IncCourt of Appeals for the Eighth Circuit · 1985
  4. West Side Bank v. Marine National Exchange BankWisconsin Supreme Court · 1968
  5. Norberto T. Agustin, M. D. v. Arthur F. Quern, Director, Illinois Department of Public AidCourt of Appeals for the Seventh Circuit · 1979

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Las Vegas Ice & Cold Storage Co. v. Far West BankCourt of Appeals for the Tenth Circuit · 1990
  2. Hobson v. First State BankCourt of Appeals of Tennessee · 1989
  3. Merrill Lynch, Pierce, Fenner and Smith, Inc. v. Devon Bank, an Illinois Banking CorporationCourt of Appeals for the Seventh Circuit · 1987
  4. Peterson v. Fuller Co.Court of Appeals for the Eighth Circuit · 1986
  5. Las Vegas Ice And Cold Storage Company v. Far West BankCourt of Appeals for the Tenth Circuit · 1990

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API