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GREAT WESTERN BANK & TRUST v. NAHAT

Nos. 1 CA-CIV 5867, 1 CA-CIV 5919.

138 Ariz. 260 (1983)

674 P.2d 323

GREAT WESTERN BANK & TRUST, a corporation via civil contract, Plaintiff Counter-defendant Appellant, v. Leon NAHAT, Defendant Counter-claimant Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied December 6, 1983.

Attorney(s) appearing for the Case

Minkler & Kirschbaum by Charles E. Cruise, and Law Offices of Dale L. States by Dale L. States, Phoenix, for plaintiff counterdefendant appellant.

Thur & Preston by Calvin C. Thur, Scottsdale, for defendant counterclaimant appellee.

OPINION

KLEINSCHMIDT, Judge.

This case involves a question of whether the payee of a dishonored check, or instead the bank which was negligent in its attempt to collect the check, should bear the loss of the check's dishonor. A $10,000 check dated November 6, 1978, was drawn by a Frank Ross payable to appellee Leon Nahat. Nahat testified that after receiving the check Ross requested that he wait a few days before negotiating it so that "it would be more comfortable...

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