CITY BANK OF HONOLULU v. TENN

No. 4914.

469 P.2d 816 (1970)

CITY BANK OF HONOLULU v. Harry TENN.

Supreme Court of Hawaii.

May 15, 1970.


Attorney(s) appearing for the Case

L.N. Nevels, Jr., Nevels & Chang, Honolulu, Hawaii, for appellant.

Yoshimi Hayashi, Honolulu, Hawaii, for respondent.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.


RICHARDSON, Chief Justice.

In this case, City Bank of Honolulu, plaintiff-appellee, sued its depositor, defendant-appellant Harry Tenn, to recover $6000 that it paid out on an overdraft drawn by Tenn. Tenn contends that City Bank had no authorization to pay a check in excess of the funds he had on deposit. City Bank argues that the check itself authorized it to pay, and that it is now entitled to reimbursement from Tenn for the full amount of the check.

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