Canty v. Vermont National Bank
United States District Court for the District of Vermont
692 F. Supp. 230 (D. Vt. 1988)
Relevant factsFree
Joseph Canty (plaintiff) paid tax obligations to the IRS by check; when the IRS asked him to submit canceled checks as proof of payment, he did so, but the IRS then redeposited those already-canceled checks, and Vermont National Bank (defendant) mistakenly paid them a second time from Canty's account. Canty sued the bank for the improper double payment and moved for summary judgment.
IssueFree
Whether a bank customer may recover for a bank's improper payment of an item from the customer's account absent proof that the customer suffered an actual loss from that improper payment.