Vail National Bank v. J. Wheeler Construction Corp.

BERMAN, Judge.

Wheeler Construction Corporation appeals the trial court’s grant of summary judgment to Vail National Bank. We affirm.

The central question in this appeal is whether Vail National is a holder in due course of a check written by Wheeler to Eagle Masonry. In 1981, Eagle was hired by Wheeler to complete a masonry subcontract. In partial payment on that contract, Wheeler wrote a check to Eagle for $20,298. Eagle promptly cashed the check at Vail National in Aspen, where it had an account. The record reveals that, prior to cashing the check, Vail National called Wheeler’s bank, the…