· 11/8/2006
Valley Bank v. Hughes
Citations
- 2006 MT 285
- 334 Mont. 335
- 147 P.3d 185
- 61 U.C.C. Rep. Serv. 2d (West) 277
- 2006 Mont. LEXIS 595
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that customer’s common law claims relating to bank’s processing of check, including bank’s exercising its chargeback rights, were preempted by UCC
- holding that, although bank had right to charge back provisional credit for counterfeit check, customer could “obtain a judgment to compensate him for the charge-back debt” when bank employees made misrepresentations regarding status of check
- U.C.C. standard of ordinary care governs “check processing” but not actions outside of check processing
- “[T]o the extent that Hughes’ common law claims relate to Valley Bank’s processing of the checks, they are preempted by the UCC.”
- U.C.C. standard of ordinary care governs “check processing” but not actions outside of check processing
- “[I]n certain circumstances, common law and equitable principles may supplement the UCC where the bank—though not violating its UCC-defined duty of ordinary care with respect to processing checks—breaches a duty to its depositor by misrepresenting the status of the check settlement process.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rice, Gray, Warner, Leaphart, Morris
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.