Banque Worms v BankAmerica International

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Banque Worms involved a revolving credit facility between Spedley and the Banque. In 1989 the Banque informed Spedley that it would not be renewing the revolver and demanded payment of the outstanding balance on April 10, 1989.

On 10 April 1989, at 12:36 am, Spedley instructed its bank, SPI, to wire the total amount due to the Banque at its BankAmerica International account. By 3:37 am the same day – not three hours later – Spedley had a change of heart and instructed SPI to stop payment to Banque Worms and instead make a payment in the same amount to National Westminster Bank USA.”

Notwithstanding the second instruction Spedley wired the full amount to BankAmerica.

See also

• discharge-for-value defense