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Blake v. Woodford Bank & Trust Co.

Court of Appeals of Kentucky
555 S.W.2d 589 (1977)


Facts

Wayne Blake (plaintiff) deposited a check for $16,449.84 on December 6, 1973 to his bank. The check was drawn on an account at the Woodford Bank and Trust Company (Woodford) (defendant). Blake deposited a second check for $11,200.00, which was drawn on the same account at Woodford, on December 19, 1973. When Blake deposited the second check, his bank informed him that the first check had been dishonored. Blake instructed his bank to re-present the first check along with the second. Both checks arrived by courier to Woodford on Monday, December 24, 1973. The following day, Christmas, was not a banking day. Woodford discovered that the checks were bad on December 26 and returned both checks by courier on Thursday, December 27, 1973. Blake sued Woodford, alleging that Woodford was liable for the full amount of both checks because of the length of time that Woodford held the checks. Woodford argued that the delay in returning the checks was excusable because of heavy volume around the holiday, the breakdown of machines used for posting checks, and the absence of a bookkeeper. The trial court found for Woodford, and Blake appealed to the Court of Appeals of Kentucky.

Rule of Law

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Issue

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Holding and Reasoning (Park, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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