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Lemuel Gulliver opened an account with the Swift State Bank. After using the account for several years, he was away on a sea voyage for
Lemuel Gulliver opened an account with the Swift State Bank. After using the account for several years, he was away on a sea voyage for a long period of time. When he returned, a check that he had written (and dated) p. 700eight years ago was presented and paid against his account, creating an overdraft.3 Gulliver protested the payment. Will this argument succeed? As to the old check, see 4-401, 4-404; White & Summers 19-3; compare Granite Equip. Leasing Corp. v. Hempstead Bank, 68 Misc. 2d 350, 326 N.Y.S.2d 881 (Sup. Ct. 1971), with New York Flame-Proofing Co. v. Chemical Bank, 1974 WL 21730 (N.Y. Civ. Ct. 1974), and Charles Ragusa & Son v. Community State Bank, 360 So. 2d 231 (La. App. 1978). Did the creation of an overdraft situation keep the check from being properly payable? See 4-401(a). Does the language of that section mean that a bank must pay overdrafts? See 4-402(a). How quickly must Gulliver file suit? See 4-111; the statute of limitations for actions arising in Article 3 of the Code is found in 3-118
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