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BANK OF AMERICA NT & SA v. HUBERT, P.C.

No. 19995-9-III.

62 P.3d 904 (2003)

115 Wash.App. 368

BANK OF AMERICA NT & SA f/k/a Seafirst Bank, a National banking institution, Respondent, v. DAVID W. HUBERT, P.C., a Washington corporation; David W. Hubert and Katharine Hubert, individually and the marital community; Appellants, M. Gail Kurpgewiet a/k/a M. Gail Williams and John Doe Williams, individually and the marital community, Defendants.

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

February 4, 2003.

Attorney(s) appearing for the Case

Patrick N. Rothwell, Attorney at Law, Seattle, WA, for Appellants.

Jed W. Morris, Lukins & Annis, Spokane, WA, for Respondent.

SWEENEY, J.

This appeal follows Seafirst Bank's successful action to recover from its customer funds lost as the result of a check kiting scheme. The customer argues that Seafirst was required to credit the disputed funds to the customer's account because the payor bank missed the "midnight deadline" to dishonor the check. We agree and reverse and remand for entry of judgment in favor of the customer.

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