[Download] "Bank of America, N.A. v. Hubler" by Supreme Court Of Utah * eBook PDF Kindle ePub Free
eBook details
- Title: Bank of America, N.A. v. Hubler
- Author : Supreme Court Of Utah
- Release Date : January 06, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Helen Hubler filed suit against Bank of America, N.A. after the Bank withdrew funds from her account to pay a check for which the Bank had previously stopped payment. The court rendered judgment in Hublers favor. On appeal, the Bank contends: (1) there is no evidence or factually insufficient evidence that it breached the parties deposit agreement; (2) there is no evidence or factually insufficient evidence of contractual modification; (3) Hublers tort claims are barred because they sound in contract only; (4) there is no evidence or factually insufficient evidence of causation; (5) there is no evidence or factually insufficient evidence that Hublers reliance was justifiable; and (6) Hubler failed to mitigate her damages. In one cross-point, Hubler challenges the courts failure to award attorneys fees. We will affirm in part and reverse and remand in part.
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