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- From: hilary.miller@execnet.com (hilary miller)
- Newsgroups: misc.legal
- Subject: bank errors - who's r
- Message-ID: <1992Nov16.1297.20323@execnet>
- Date: 17 Nov 92 00:11:56 GMT
- Reply-To: "hilary miller" <hilary.miller@execnet.com>
- Distribution: misc
- Organization: Executive Networks Information
- Lines: 26
-
-
- Laird P. Broadfield, in a message to All on 11-15-92 at 10:01am, said:
-
- LP>|Is this really the case if it is the depositor's error, not the
- |institution's? This seems goofy. What is the train of logic here?
- |___________________________________________________________________
-
- The principle is called, alternatively, "money paid by mis-
- take," which is an old common count, and "unjust enrichment."
- At common law, if you pay money by mistake to someone who was
- not entitled to it, you can recover it by a suit at law.
- Today, there is usually a contract (which no one ever reads)
- between the bank and its depositor which gives the bank the
- right to charge the customer's account for mistaken credits.
- Also, you might take a look at UCC 4-212 et seq.
-
-
- L A
- I R Hilary B. Miller of Greenwich, Connecticut
- H/\Y CIS: 76040,1743
- s r
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