AMERICAN NATIONAL BANK OF POWELL v. FOODBASKET

No. 4031.

493 P.2d 403 (1972)

AMERICAN NATIONAL BANK OF POWELL, Wyoming, Appellant (Defendant and Third Party Plaintiff below), v. FOODBASKET, a partnership, Appellee (Plaintiff below).

Supreme Court of Wyoming.

February 1, 1972.


Attorney(s) appearing for the Case

Ross D. Copenhaver, of Copenhaver & Castberg, Powell, for appellant.

Joseph E. Darrah, Powell, for appellee.

Before McINTYRE, C.J., and PARKER and McEWAN, JJ.


McINTYRE, Chief Justice.

Foodbasket, a partnership, sued American National Bank of Powell, Wyoming, alleging two checks had been wrongfully returned by it for "insufficient funds"; and that the checks were charged back to plaintiff. Liability was claimed against the defendant bank under the provisions of § 34-4-302, W.S. 1957, 1971 Cum.Supp.

From a summary judgment in favor of plaintiff and against the bank, defendant has appealed.

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