FARMERS & MERCHANTS BANK v. BANK OF AMERICA

Docket No. 38032.

20 Cal.App.3d 939 (1971)

98 Cal. Rptr. 381

FARMERS AND MERCHANTS BANK OF LONG BEACH, Plaintiff and Appellant, v. BANK OF AMERICA, Defendant and Appellant; PEERLESS INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

November 1, 1971.


Attorney(s) appearing for the Case

COUNSEL

Robert H. Fabian, Harris B. Taylor, Ullar Vitsut and George J. Brusky, Jr., for Defendant and Appellant.

Joseph E. Madden, Wise, Kilpatrick & Clayton and George E. Wise for Plaintiff and Appellant.

Anderson, McPharlin & Connors and Peter R. Regal for Defendant and Respondent.


OPINION

KINGSLEY, J.

This action arose out of a dispute between Farmers and Merchants Bank of Long Beach (hereinafter called Farmers and Merchants) and Bank of America National Trust and Savings Association (hereinafter called Bank of America) with respect to whether each of the banks properly returned a set of checks to each other before midnight of the next business day after receipt, as required by former section 1013 of the Financial...

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