FIRST SEC. BANK OF UTAH, NAT. A. v. Ezra C. Lundahl, Inc.

CROCKETT, Chief Justice.

In this suit plaintiff First Security Bank contests with the defendants, the Lundahls, as-to who bears the loss on an $8100 check *434which the Lundahls had deposited with the plaintiff bank. The plaintiff sent the check for collection, but it was never paid. The Lundahls asserted two defenses: (1) that because the bank negligently failed to give notice as required by the commercial code, it lost the right to charge it back to defendants’ account, and (2) that there was an accord and satisfaction with respect to it.. When the check was dishonored by the payor.bank, First…