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Essex Construction Corp. v. Industrial Bank of Washington, Inc.

United States District Court for the District of Maryland
913 F. Supp. 416 (1995)

Facts

Essex Construction Corporation (Essex) (plaintiff) deposited a check in the amount of $120,710.70 into an account with Industrial Bank of Washington, Inc. (Industrial) (defendant) on March 31, 1995. The check was drawn on an account with Signet Bank (Signet). Industrial provisionally credited Essex’s account for the full amount of the check at the time of deposit, but notified Essex that the funds would not be available for withdrawal until April 6, 1995. Signet notified Industrial that the check was returned on April 6. Industrial then sent written notice by mail to Essex on April 7 that the check had been returned, and the provisional credit was revoked. On April 7, Essex wrote two checks against the funds Essex thought were then available. Essex received the notice from Industrial on April 11. Essex sued Industrial, alleging that it did not provide timely notice that the check had been dishonored.

Rule of Law

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Issue

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Holding and Reasoning (Motz, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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