Carl v. Republic Security Bank

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

HURLEY, District Judge.

This case involves a dispute between a bank and a person who had a contractual relationship with a customer of the bank. The dispositive legal issue on cross-motions for summary judgment is whether certain funds, that were wire transferred and deposited into one of the bank customer’s accounts, constituted a general or special deposit. For the reasons set forth below, the court concludes that the deposit was “general,” and therefore the bank was entitled to take…