Falls Church Bank v. Wesley Heights Realty, Inc.

256 A.2d 915 (1969)

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Nature of the Case

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Facts

D drew a check for $1,400.00, payable to the order of a customer of P. The customer deposited the check in his account at P. P gave the customer a provisional credit for the funds. P then allowed the customer to withdraw $140.00 from his account until P learned that D had stopped payment on the $1,400 check. The check was returned to P dishonored, and its customer was nowhere to be found. P made a demand on D for the money and D refused. P sued D. D moved for summary judgment claiming that P was an agent for collection only and had no security interest. It was granted, and P appealed.