First Interstate Bank of Nevada v. Green

OPINION

First Interstate Bank (FIB) appeals a summary judgment granted against it and in favor of respondent CRT Associates. Because we believe the undisputed facts favor FIB, we reverse and remand to the district court to determine the remaining disputed fact.

In their briefs and at oral argument, both parties concede all but one fact. There is no dispute that CRT maintained a commercial checking account at FIB, and due to the bank’s clerical error, CRT was the recipient of $100,000 of FIB’s money. The error took place on October 1, 1981, when CRT deposited a $100,000 draft, but was credited…