Chapter 074

      74.2050

NOTES OF DECISIONS

      Unindorsed check bearing only depositary bank’s stamp “Pay any bank--PEG” (prior endorsements guaranteed) was not properly payable; “P.E.G.” stamp did not suffice as missing customer’s indorsement under this section. Barber v. U.S. National Bank, 90 Or App 68, 750 P2d 1183 (1988)

      74.2070

NOTES OF DECISIONS

      This statute does not authorize an award of attorney fees. Riedel v. First National Bank, 287 Or 285, 598 P2d 1302 (1978)

      74.2130

NOTES OF DECISIONS

      Whether the payor bank had made final payment of the checks and thus was not entitled to honor its customers’ stop payment orders, depended on whether the bank had completed its usual procedures for determining whether to make payment. Community Bank v. U.S. Nat. Bank of Ore., 276 Or 471, 555 P2d 435 (1976)

      74.3020

NOTES OF DECISIONS

      Receipt of check at defendant bank’s data processing center, rather than branch bank’s final determination to dishonor, triggered midnight deadline of this statute. South Sound Nat’l Bank v. First Interstate Bank, 65 Or App 553, 672 P2d 1194 (1983), Sup Ct review denied

      Whether data processing center is part of bank operation or is independent contractor is irrelevant for purpose of triggering midnight deadline. South Sound Nat’l Bank v. First Interstate Bank, 65 Or App 553, 672 P2d 1194 (1983), Sup Ct review denied

      74.3030

NOTES OF DECISIONS

      Whether the payor bank had made final payment of the checks and thus was not entitled to honor its customers’ stop payment orders, depended on whether the bank had completed its usual procedures for determining whether to make payment. Community Bank v. U.S. Nat. Bank of Ore., 276 Or 471, 555 P2d 435 (1976)

      74.4020

NOTES OF DECISIONS

      Since plaintiff was without (overdrawn) rather than within its approved line of credit, defendant bank was entitled, as to plaintiff, to dishonor drafts in excess thereof. Modoc Meat & Cattle Co. v. First State Bank of Oregon, 271 Or 276, 532 P2d 21 (1975)

      74.4060

NOTES OF DECISIONS

      Where there is evidence of negligence on the part of both parties, the case is for the jury. Transamerica Ins. Co. v. U.S. Nat. Bank, 276 Or 945, 558 P2d 328 (1976)

      Bank’s practice of automatically paying all checks under $5,000 without any procedure to detect unauthorized signatures cannot be considered due care or reasonable commercial banking standards under this statute and [former] ORS 73.4060. Medford Irrigation Dist. v. Western Bank, 66 Or App 589, 676 P2d 329 (1984)

      74.4070

NOTES OF DECISIONS

      In action to collect from bank funds paid on checks bearing forged drawer signatures, bank’s obligation to plaintiff was primary rather than secondary and accordingly not discharged by alleged agreement of civil compromise. SCCI, Inc. v. U.S. National Bank, 78 Or App 176, 714 P2d 1113 (1986)