American Heritage Bank and Trust Co. v. Isaac

Respectfully, I dissent.

I would affirm the judgment of the trial court, but upon a different concept of the case than that under which the trial court proceeded, and upon which the majority premises its decision to reverse.

In my view, the rights and duties of the parties to this litigation are not to be determined by general negligence principles. See G & R Corp. v. American Security & Trust Co., 523 F.2d 1164 (D.C.Cir.1975). Instead, specific provisions of the Uniform Commercial Code,1 or, in their absence, general contract principles govern. G & R Corp., supra.

Section 4-4-401(1),…