FIRST SEC. BANK OF UTAH, NAT. A. v. EZRA C. LUNDAHL, INC.

No. 11359.

454 P.2d 886 (1969)

22 Utah 2d 433

FIRST SECURITY BANK OF UTAH, NATIONAL ASSOCIATION, Plaintiff and Respondent, v. EZRA C. LUNDAHL, INC., E. Cordell Lundahl et al., Defendants and Appellant.

Supreme Court of Utah.

May 20, 1969.


Attorney(s) appearing for the Case

Walter G. Mann, Reed W. Hadfield, Richard F. Gordon, Brigham City, for appellant.

Chas. P. Olson, of Olson & Hoggan, Logan, Don B. Allen, Salt Lake City, for respondent.


CROCKETT, Chief Justice.

In this suit plaintiff First Security Bank contests with the defendants, the Lundahls, as to who bears the loss on an $8100 check which the Lundahls had deposited with the plaintiff bank. The plaintiff sent the check for collection, but it was never paid. The Lundahls asserted two defenses: (1) that because the bank negligently failed to give notice as required by the commercial code, it lost the right to charge it back to defendants' account...

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