Guaranty Bank & Trust v. Smith

BARNEY, Judge.

This action was brought by Guaranty Bank & Trust (Plaintiff bank) against Lawrence Lee Smith (Defendant Smith) and L.B. Smith Co., Inc. (Defendant L.B. Smith Company), to recover funds paid to L.B. Smith Company contrary to a stop-payment order. The trial court granted summary judgment to Plaintiff bank against both Defendants in the sum of $18,198.00 (the amount of the check), plus interest and costs. Defendants appeal.

On December 4, 1995, Defendant L.B. Smith Company received a check from Merit Construction Company, Inc. (Merit) in the sum of $18,198.00 as payment for work…