ROCKLAND TRUST CO. v. SOUTH SHORE NATIONAL BANK


366 Mass. 74 (1974)

314 N.E.2d 438

ROCKLAND TRUST COMPANY vs. SOUTH SHORE NATIONAL BANK.

Supreme Judicial Court of Massachusetts, Norfolk.

July 25, 1974.


Attorney(s) appearing for the Case

William H. Clancy for the plaintiff.

A. Theodore Welburn (William A. Ryan, Jr., with him) for the defendant.

Present: TAURO, C.J., QUIRICO, BRAUCHER, & WILKINS, JJ.


BRAUCHER, J.

This is an action in contract for the amount of a certified check, brought by the payee bank against the certifying bank. Both banks had extended credit to the same fraudulent customer, the drawer of the check. We hold that the check was "deposited in an account" and that the "credit given for the item" was not "withdrawn or applied" under the Uniform Commercial Code, G.L.c. 106, § 4-208 (1) (a). The plaintiff therefore had no security interest in...

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