CINCINNATI INSURANCE COMPANY v. FIRST NATIONAL BANK OF AKRON

No. 79-887.

63 Ohio St. 2d 220 (1980)

CINCINNATI INSURANCE COMPANY, APPELLANT, v. FIRST NATIONAL BANK OF AKRON ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 23, 1980.


Attorney(s) appearing for the Case

Messrs. McNamara & McNamara and Mr. Dennis D. Liston, for appellant.

Brouse & McDowell Co., L.P.A., and Mr. John A. Schwemler, for appellee First National Bank.

Messrs. Calfee, Halter & Griswold, Mr. Frederick W. Assini and Mr. Michael E. Brittain, for appellee Village Bank.


LOCHER, J.

The primary issue raised in this cause concerns an interpretation of the Ohio Uniform Commercial Code as it applies to the facts of this case. This interpretation revolves around a reading of R. C. 1304.24(A), which provides: "As against its customer, a bank may charge against his account any item which is otherwise properly payable from that account even though the charge creates an overdraft." All the parties agree, as did the Court of Appeals, that the...

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