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McGuire v. Bank One, Louisiana, N.A.

744 So. 2d 714 (La. Ct. App. 1999)

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McGuire v. Bank One, Louisiana, N.A.

Louisiana Court of Appeal

744 So. 2d 714 (La. Ct. App. 1999)

Facts

Lottie McGuire (plaintiff) agreed to give $200,000 to Timothy Looney to purchase bonds on her behalf. McGuire requested that Bank One, Louisiana, N.A. (Bank One) (defendant) move funds from her investment account into her checking account. McGuire then gave Looney a check in the amount of $200,000. Although the check was dated August 26, 1996, McGuire told Looney that he was not permitted to cash the check until August 28, in order to ensure completion of the funds transfer prior to payment. Looney defied McGuire’s instructions and deposited the check immediately. Looney’s bank presented the check to Bank One for payment on August 27. Despite the fact that the funds transfer was not yet complete and that McGuire’s checking account had insufficient funds to cover the check, Bank One honored the check. The following day, Bank One sent a notice to McGuire, indicating an overdraft on her checking account of $188,198.79. Ultimately, Looney absconded with McGuire’s money and later pled guilty to fraud. McGuire brought suit against Bank One, seeking damages for Bank One’s failure to exercise ordinary care in honoring the check despite the significant overdraft. Bank One filed an exception for no cause of action, contending that its conduct was authorized under Uniform Commercial Code (UCC) § 4-401. The trial court found in Bank One’s favor and dismissed McGuire’s suit. McGuire appealed.

Rule of Law

Issue

Holding and Reasoning (Stewart, J.)

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