Dempsey v. Etowah Bank

Carley, Presiding Judge.

The relevant facts in the instant appeal are as follows: Appellant-defendant purchased three motor vehicles and a boat from one Jerry McBride d/b/a Fleet Recovery. In payment, appellant gave McBride a check in the amount of $5,600. McBride endorsed the check and deposited it into the checking account that Fleet Recovery maintained with appellee-plaintiff. Appellee immediately credited Fleet Recovery’s account with the amount of appellant’s check. Subsequently, appellant issued a stop-payment order on the check but, by the time that appellee received notification, there…