Stanek v. National Bank

Plaintiffs appeal by leave granted from a circuit court order affirming an order of the district court which granted defendant’s motion for summary disposition and dismissed plaintiffs’ cause of action with prejudice. We reverse.

On February 18, 1985, plaintiff Helen Stanek wrote a $197 personal check payable to Western Glass Company and drawn on plaintiffs’ account with defendant bank. The next day, February 19, 1985, at 9:35 A.M., Helen Stanek went to a bank branch and issued a stop payment order on the check. According to bank records, the stop payment order was entered into defendant’s…