Bank One, Akron, N.A. v. National City Bank

NCB is strictly liable for the amount of the item (the check) which it should have paid, but did not. R.C. 1304.19 (UCC 4-123) and R.C. 1304.22 (UCC 4-302). SOS Oil Corp. v. Norstar Bank of Long Island (1989), _ App. Div. _, 548 N.Y. Supp. 2d 308.

NCB attempts to avoid this strict liability as to Bank One by claiming that the Rules and Regulations of the Cleveland Clearing House Association constitute an agreement which varies its otherwise strict liability. I cannot agree.

The clearing house rules do not so provide. There is simply nothing in those rules which shifts liability to the bank…