Restitution Discussion Group Archives
| Sender: |
Look C Ho |
| Date: |
Wed, 13 Oct 1999 12:18:21 -0400 (EDT) |
| Re: |
Cheque-kiting |
S.1-103 of UCC
provides that 'unless displaced by the particular provisions of this Act,
the principles of law and equity shall supplement its provisions'.
I guess the common-law banker's lien would have been displaced by S.4-210
which provides that 'a collecting bank has a security interest in an item
and any accompanying documents or the proceeds of either: (1) in case
of an item deposited in an account, to the extent to which credit given
for the item has been withdrawn or applied.'
On Wed, 13 Oct 1999, Gordon Goldberg wrote:
I do not know the terms of the Uniform Commercial
Code nor how far they exclude the common law. I, therefore, wonder whether
or not Misa v. Currie (1876) 1 App. Cas. 554, insofar as it deals with
the banker's lien, might be relevant.
L
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