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FALLS CHURCH BANK v. WESLEY HEIGHTS REALTY, INC.

No. 4765.

256 A.2d 915 (1969)

FALLS CHURCH BANK, a banking corporation, Appellant, v. WESLEY HEIGHTS REALTY, INC., a corporation, and Leopold Boeckl, Appellees.

District of Columbia Court of Appeals.

Decided October 3, 1969.

Attorney(s) appearing for the Case

Harry Protas and Robert L. Kay, Washington, D. C., were on the brief, for appellant.

H. Nathaniel Blaustein, Washington, D. C., entered an appearance for appellees but filed no brief.

Before HOOD, Chief Judge, and KELLY and NEBEKER, Associate Judges.

HOOD, Chief Judge:

The sole issue on this appeal is whether, and under what circumstances, may a depositary bank achieve the status of holder in due course of negotiable paper deposited with it by a customer. The facts are undisputed.

The appellees drew a check for $1,400.00, payable to the order of a customer of appellant bank. The customer deposited this check in his account with the bank and was given a provisional credit of this amount. The customer was...

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