Bank of America NT & SA v. David W. Hubert, P.C.

Sweeney, J. —

This appeal follows Seafirst Bank’s successful action to recover from its customer funds lost as the result of a check-kiting scheme. The customer argues that Seafirst was required to credit the disputed funds to the customer’s account because the payor bank missed the “midnight deadline” to dishonor the check. We agree and reverse and remand for entry of judgment in favor of the customer.

FACTS

Attorney David W. Hubert (Mr. Hubert) incorporated as David W. Hubert, P.C. (Hubert P.C.).1 He operates Law Clinic Northwest in Spokane. In the same building, paralegal Gail Williams ran…