Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 18

On August 26, Lottie McGuire asked Bank one of Louisiana to sell $200,000 worth of funds from her investment account and transfer the money t0 her checking account. McGuire was told it would take two or three days to make the transfer. The same day, McGuire' gave Timothy Looney a $200,000 check dated August 26 in order to buy some bonds. McGuire told Looney not to deposit the check until August 28. Looney immediately deposited the check. check Looney's bank presented the check to Bank One on August 27, and Bank One paid it even though it overdrew McGuire's checking account by $188 000 Bank One sent McGuire an overdraft notice on August 28, which she received on August 30. Looney used the money for himself and went to prison. McGuire sued Bank One. Who should win and why?