Home/Fourth Circuit/Swiss Credit Bank v. Virginia National Bank-Fairfax, Formerly Community Bank and Trust Company

Swiss Credit Bank v. Virginia National Bank-Fairfax, Formerly Community Bank and Trust Company

538 F.2d 587, 19 U.C.C. Rep. Serv. (West) 603, 1976 U.S. App. LEXIS 8724
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 3, 1976
Docket75-2154
StatusPublished
Cited by18 cases

This text of 538 F.2d 587 (Swiss Credit Bank v. Virginia National Bank-Fairfax, Formerly Community Bank and Trust Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Swiss Credit Bank v. Virginia National Bank-Fairfax, Formerly Community Bank and Trust Company, 538 F.2d 587, 19 U.C.C. Rep. Serv. (West) 603, 1976 U.S. App. LEXIS 8724 (4th Cir. 1976).

Opinion

PER CURIAM: ■

This is an action by a foreign bank, which cashed a cashier’s check, against a Virginia Bank which issued the check and then refused to honor it. On cross motions for summary judgment, the court below granted judgment for Swiss Credit.

The question decided below was whether the bank’s notice of refusal to honor the check was timely under the Uniform Commercial Code and/or under the Rules for the Collection of Commercial Paper promulgated by the International Chamber of Commerce.

We see no need to reach the question of timeliness of the notice of dishonor. A cashier’s check is a bill of exchange drawn by a bank upon itself. It is accepted in advance by the act of its issuance, and it cannot be dishonored by the issuing bank because of an indebtedness to it of one of its customers. 5B Michie on Banks and Banking, Ch. 9 § 253 (1973); 107 A.L.R. 1463 (1937).

We affirm the judgment although we do so for reasons other than those stated by the district court.

affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Essex Construction, LLC
575 B.R. 648 (D. Maryland, 2017)
Flatiron Linen, Inc. v. First American State Bank
23 P.3d 1209 (Supreme Court of Colorado, 2001)
Gentner and Company, Inc. v. Wells Fargo Bank
90 Cal. Rptr. 2d 904 (California Court of Appeal, 1999)
Arline v. Omnibank, N.A.
894 S.W.2d 76 (Court of Appeals of Texas, 1995)
Stringfellow v. First American National Bank
878 S.W.2d 940 (Tennessee Supreme Court, 1994)
Meritor Savings, F.A. v. Duke
31 Va. Cir. 183 (Fairfax County Circuit Court, 1993)
Dionisio Sainz Gonzalez v. Banco De Santander-Puerto Rico, Dionisio Sainz Gonzalez v. Banco De Santander-Puerto Rico
932 F.2d 999 (First Circuit, 1991)
Warren Finance, Inc. v. Barnett Bank of Jacksonville, NA
552 So. 2d 194 (Supreme Court of Florida, 1989)
First Financial LSLA v. First American Bank and Trust Co.
489 So. 2d 388 (Louisiana Court of Appeal, 1986)
Co-Operative v. Kellogg-Citizens National Bank
386 N.W.2d 510 (Court of Appeals of Wisconsin, 1986)
Da Silva v. Sanders
600 F. Supp. 1008 (District of Columbia, 1984)
Rezapolvi v. First National Bank
459 A.2d 183 (Court of Appeals of Maryland, 1983)
Equitable Trust Co. v. G & M Construction Corp.
544 F. Supp. 736 (D. Maryland, 1982)
Anderson, Clayton & Co., D/B/A Acco Feeds v. Farmers National Bank of Cordell
624 F.2d 105 (Tenth Circuit, 1980)
Travi Construction Corp. v. First Bristol County National Bank
405 N.E.2d 666 (Massachusetts Appeals Court, 1980)
Travi Constr. v. FIRST BRISTOL CTY. NATL. BANK
405 N.E.2d 666 (Massachusetts Appeals Court, 1980)
Able & Associates, Inc. v. Orchard Hill Farms
395 N.E.2d 1138 (Appellate Court of Illinois, 1979)
In the Matter of Robert Dale Johnson, Bankrupt. Bruce Goldstein, Successor to S. David Rubenstein, Receiver in Bankruptcy v. McLean Bank
552 F.2d 1072 (Fourth Circuit, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
538 F.2d 587, 19 U.C.C. Rep. Serv. (West) 603, 1976 U.S. App. LEXIS 8724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swiss-credit-bank-v-virginia-national-bank-fairfax-formerly-community-ca4-1976.