Legal Opinion
Co-Operative v. Kellogg-Citizens National Bank
Court of Appeals of Wisconsin
Decided March 11, 1986No. 85-0386PublishedCited by 5 opinions
1Opinion of the CourtLarocque, J.
Pulaski Chase Co-operative appeals a summary judgment granted to Kellogg-Citizens National Bank. Pulaski seeks to recover $6,139.13 representing the face amount of Kellogg's cashier's check issued to Pulaski. The issue is whether Kellogg may stop payment on its cashier's check for failure of consideration. We conclude that because Kellogg dealt directly with Pulaski, it was entitled to raise its defense of failure of consideration regardless whether Pulaski was a holder in due course. We therefore affirm the judgment.
The material facts are undisputed. Pulaski sold farm supplies on credit to…
2Cases cited16 opinions
- Tpo Incorporated v. Federal Deposit Insurance Corporation, as Receiver of Eatontown National BankCourt of Appeals for the Third Circuit · 1973
- Nat. Newark & Essex Bank v. GiordanoNew Jersey Superior Court Appellate Division · 1970
- Wertz v. Richardson Heights Bank and TrustTexas Supreme Court · 1973
- Kaufman v. Chase Manhattan Bank, National Ass'nDistrict Court, S.D. New York · 1973
- Max Munson v. American National Bank and Trust Company of Chicago, Max Munson v. American National Bank and Trust Company of ChicagoCourt of Appeals for the Seventh Circuit · 1973
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3Cited by5 opinions
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- Barnett Bank of Jacksonville v. Warren Finance, Inc.District Court of Appeal of Florida · 1988
- Gentner and Company, Inc. v. Wells Fargo BankCalifornia Court of Appeal · 1999