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Sender:
Allan Axelrod
Date:
Thu, 6 Aug 1998 10:51:16 -0400
Re:
Bank overcharging customers

 

At 14:44 05/08/98 -0400, Allan AXELROD wrote:

the customer makes demand on the bank---via check or otherwise--for the amount of his balance properly determined as per contract--- dishonor of the demand would be a breach, or in the case of a dishonored check perhaps also slander-of-credit?

[hedley]
An action for defamation would be possible

axelrod:
the US at one time had a rule that wrongful dishonor of a check by a bank was a 'slander' of credit, and could entitle any merchant depositor to substantial general damages i always supposed that rule, like any other quaintly phrased, originated in england-- as relief from the constrictive specific rule mentioned in HADLEY--that interest was the exclusive measure of damages for breach of a contract to pay money--and that it arose during an era--happily past according to most members of this restitution group?-- when the english bench and bar were ACTIVELY engaged in the manipulation of doctrine??. .


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