Rex Smith Propane, Inc. v. National Bank of Commerce

OPINION

WILLIAM M. TAYLOR, Jr., Chief Judge.

This is a suit in diversity over a cashier’s check payable to Plaintiff in the sum of $16,216.00.

Mr. W. G. Noble, Jr., of Noble Petroleum Company, on September 24, 1971, ordered Defendant Bank to draw a cashier’s check in the sum of $16,216.00 payable to Plaintiff and to draw the $16,216.00 from Noble Petroleum Company’s account with Defendant. Later that same day, Mr. Noble again called Defendant and spoke to the same officer that he had before, Mr. H. M. Meredith. He informed Mr. Meredith that Noble Petroleum Company was being placed in bankruptcy…