Bank of Naperville v. Catalano

408 N.E.2d 441 (1980)

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Bank of Naperville v. Catalano

Illinois Appellate Court
408 N.E.2d 441 (1980)

Facts

Robert and Beth Catalano (defendants) had various accounts and loans with the Bank of Naperville (plaintiff). One of the Catalanos’ loans went into default and because of this, the bank of Naperville decided to close all of the Catalanos’ accounts. The bank gave Robert Catalano a cashier’s check reflecting what it thought was the balance one of the Catalanos’ savings accounts at the bank. In actuality, the savings account the bank was referring to belonged to an unrelated third party of the same name. The bank admitted that they were not acting carefully when they looked up the Catalanos’ accounts. The bank sued the Catalanos for the incorrect amount given to Robert and the court found for the bank, ordering restitution. The Catalanos appealed.

Rule of Law

Issue

Holding and Reasoning (Lindberg, J.)

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