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CLINTON NAT. BANK v. SAUCIER

No. 97-633.

580 N.W.2d 717 (1998)

CLINTON NATIONAL BANK, Appellee, v. C. Larry SAUCIER a/k/a Larry Saucier, a/k/a Clarence Saucier and Computer Alternatives, Inc., Appellants.

Supreme Court of Iowa.

July 1, 1998.

Attorney(s) appearing for the Case

Peter C. Riley of Tom Riley Law Firm, P.C., Cedar Rapids, for appellants.

Charles E. Miller and Judith L. Herrmann of Lane & Waterman, Davenport, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, SNELL, and ANDREASEN, JJ.

McGIVERIN, Chief Justice.

The question here is whether Iowa Code section 535.17 (1995) prevents enforcement of an alleged oral agreement between a bank and a customer to honor overdrafts drawn on the customer's checking account. The district court held that it did. Accordingly, the court granted the bank's motion for summary judgment and dismissed the customer's counterclaim against the bank for breach of the alleged agreement. We affirm.

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