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U.S. BANK NAT. ASS'N v. WHITNEY

No. 21335-8-III.

81 P.3d 135 (2003)

119 Wash.App. 339

U.S. BANK NATIONAL ASSOCIATION, successor in interest by merger to U.S. Bank of Washington, National Association, and Peoples National Bank of Washington, Appellant, v. Philip A. WHITNEY and Arva L. Whitney, husband and wife, Respondents and Cross-Appellant, Philip A. Whitney, Jr., and Jane Doe Whitney, husband and wife; Mountain Valley Products, Inc., a Washington corporation; Timothy W. Mahoney, P.S., a Washington professional service corporation; and the State of Washington, Department of Labor & Industries, a sovereign state, Defendants.

Court of Appeals of Washington, Division 3, Panel One.

December 9, 2003.

Attorney(s) appearing for the Case

Wendell G. Kusnerus, Davis, Wright, Tremaine, Portland, OR, for Appellant.

Jerry K. Boyd, Paine, Hamblen, Coffin, Brooke & Miller, LLP, Spokane, WA, Leland B. Kerr, Paine, Hamblen, Coffin, Brooke & Miller, LLP, Kennewick, WA, for Respondents.

SWEENEY, J.

The Uniform Commercial Code, Title 62A RCW, requires, first and foremost, good faith, fair dealing, and commercial reasonableness. The code also requires that payment on a promissory note must be tendered in the amount due and at the place stated in the instrument. Here, a debtor purported to tender payment at a bank branch other than that designated as the place for payment, in an amount less than the amount due...

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