Security Bank & Trust Co. v. Federal National Bank & Trust Co. of Shawnee

BACON, Presiding Judge.

This appeal involves the issue of whether appellant bank gave sufficient notice of *121dishonor of a check (check number 655) within its statutory midnight deadline. Appellant gave oral (telephone) notice of dishonor and appellee contends written notice was required. Both paities moved for summary judgment on stipulated facts. The trial court found oral notice was insufficient and sustained appellee’s motion for summary judgment.

The parties stipulated to the following facts:

“1. That with respect to check number 655, dated September 18, 1974, in the sum of $9,310.40:(a) That…