Legal Opinion

St. Cloud National Bank & Trust Co. v. Sobania Construction Co.

Supreme Court of Minnesota

Decided November 1, 1974No. 44359PublishedCited by 7 opinions

1Per curiam

This action was brought by St. Cloud National Bank & Trust Co. (hereafter plaintiff) to recover moneys advanced against a check which was deposited with the bank for collection but was later dishonored. The main issue is whether the bank is protected, as a holder in due course, for advances made to its depositor before the check cleared. Plaintiff sought and obtained summary judgment against the drawer who stopped payment on the check. We affirm.

On October 27,1971, defendant McGlynn-Garmaker Company, a general contractor, subcontracted with defendant Sobania Construction Co. Inc. (Sobania)…

2Cases cited4 opinions

  1. Eldon's Super Fresh Stores, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Supreme Court of Minnesota · 1973
  2. Waltham Citizens National Bank v. FlettMassachusetts Supreme Judicial Court · 1968
  3. Falls Church Bank v. Wesley Heights Realty, Inc.District of Columbia Court of Appeals · 1969
  4. Jeanette Frocks, Inc. v. First Produce State BankSupreme Court of Minnesota · 1965

3Cited by7 opinions

  1. Seinfeld v. Commercial Bank & Trust Co.District Court of Appeal of Florida · 1981
  2. Frantz v. First National Bank of AnchorageAlaska Supreme Court · 1978
  3. St. Paul Fire & Marine Insurance v. State Bank of SalemIndiana Court of Appeals · 1980
  4. Bank of Costa Mesa v. LosackCalifornia Court of Appeal · 1977
  5. Lynnwood Sand & Gravel, Inc. v. Bank of EverettCourt of Appeals of Washington · 1981

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