NBase Communications, Inc. v. American National Bank & Trust Co.

MEMORANDUM OPINION

GRADY, District Judge.

The parties’ cross motions for summary judgment are before the court. For the reasons explained below, both are denied.

BACKGROUND

It must be a rare occurrence for a payment, mistakenly sent to a wrong address, to reach a recipient who may have a legitimate claim to it. But such is the case here.

Plaintiff NBase Communications, Inc. (“NBase”), seeks restitution on a theory of unjust enrichment from defendant American National Bank (“ANB”) based on the following events: ANB was the lender and secured creditor of a company called Illinois Computer Cable…