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Banks Liability Extends to Actual Damages Only Rougier, who had $178 in her checking account, wrote out a check for $78.42 and mailed it to
Banks Liability Extends to Actual Damages Only Rougier, who had $178 in her checking account, wrote out a check for $78.42 and mailed it to the telephone company in payment of a telephone bill. Due to a mistake on its part, Rougiers bank dishonored the check and returned it to the telephone company marked insufficient funds. As soon as the error was discovered, the telephone company was notified, and the check was redeposited and honored by the bank. Because Rougier suffered no loss, the bank was not liable for dishonoring the check. Had Rougiers telephone been disconnected because of the dishonored check, the bank would have been liable to her for the cost of restoring service. The bank was not liable to the telephone company.
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