Legal Opinion · Concurrence
Hartford Accident & Indemnity Company v. First Pennsylvania Bank, N.A. v. Mellon Bank (East) National Association
Court of Appeals for the First Circuit
Decided October 14, 1988No. 88-1182, 88-1338Published
1ConcurrenceMansmann, Circuit Judge
Section 4-207 of the Uniform Commercial Code, 13 Pa. Cons. Stat. Ann. § 4207 (Purdon 1980), has dictated the result in *299this ease and I do not fault the majority’s strict adherence to its provisions. I write today only to express dissatisfaction with the Code § 1201’s definition of good faith upon which Mellon (East)’s liability was based.
Under § 4207 the payor bank has an action against the depository bank for breach of presentment warranty when the depository bank handles materially altered checks. A theory of liability without fault underlies the breach of warranty action and allocates the…
2Cases cited6 opinions
- Delbrueck & Co. v. Manufacturers Hanover Trust CompanyCourt of Appeals for the Second Circuit · 1979
- Western Casualty & Surety Company v. Citizens Bank of Las Cruces and Bank of New MexicoCourt of Appeals for the Tenth Circuit · 1982
- Savings Banks Trust Company v. Federal Reserve Bank of New York, and American Savings BankCourt of Appeals for the Second Circuit · 1984
- FIRST NAT. BANK, ETC. v. Trust Co. of Cobb Cty.District Court, N.D. Georgia · 1981
- Savings Banks Trust Co. v. Federal Reserve BankDistrict Court, S.D. New York · 1984
1 more not listed; retrieve them via the Exa API.