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Tepper v. Citizens Federal Savings & Loan

38 U.C.C. Rep. Serv. 528 (1984)

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Tepper v. Citizens Federal Savings & Loan

Florida District Court of Appeal
38 U.C.C. Rep. Serv. 528 (1984)

SC

Facts

The guardian of Rose Tepper (plaintiff) found a check for $6,068 made out to Tepper. Citizens Federal Savings and Loan Association (Citizens) (defendant) was the drawer of the check, signing it from its account with Jefferson National Bank (Jefferson). The check was dated January 4, 1974. On December 20, 1982, a representative of Tepper presented the check to Jefferson for payment. Jefferson refused payment. The representative informed Citizens of the dishonor. Citizens told the representative that it would not honor or refund the check. On July 12, 1983, Tepper’s guardian sued Citizens for wrongful dishonor. Citizens moved to dismiss the complaint based on the statute of limitations, arguing that the statute of limitations ran from the date the check was issued. The trial court granted the motion. The guardian appealed.

Rule of Law

Issue

Holding and Reasoning (Ferguson, J.)

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