SIEGEL v. NEW ENGLAND MERCHANTS NATIONAL BANK


386 Mass. 672 (1982)

437 N.E.2d 218

ROSALYN SIEGEL, executrix, vs. NEW ENGLAND MERCHANTS NATIONAL BANK.

Supreme Judicial Court of Massachusetts, Suffolk.

July 1, 1982.


Attorney(s) appearing for the Case

Donald N. Sweeney (Frank L. McElroy with him) for the defendant.

Mark A. Michelson for the plaintiff.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, & O'CONNOR, JJ.


HENNESSEY, C.J.

We are called upon to define the respective rights of a bank and its depositor when the bank has paid a postdated check before maturity and deducted the amount of the check from the depositor's account. Applying the Uniform Commercial Code, G.L.c. 106, we conclude that the bank must recredit the depositor's account, but may then assert against the depositor any rights acquired by prior holders on either the instrument or the transaction from which...

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