Colorado National Bank v. First National Bank & Trust Co.

OPINION AND ORDER

MILES, District Judge.

Plaintiff, Colorado National Bank, brings this action against defendant, First National Bank & Trust Co., located in Petoskey, Michigan, to recover the face amount of two dishonored checks. Diversity jurisdiction is properly asserted under 28 U.S.C. § 1332. 1

Presently before the court is plaintiff’s motion for partial summary judgment, filed under F.R.Civ.P. 56(d), 2 as to the appropriate measure of damages. Stated simply, the court addresses the question whether defendant, by failing to give “wire advice of nonpayment” of dishonored checks, became…