Choo Choo Tire Service, Inc. v. Union Planters National Bank

Ruffin, Judge.

Union Planters National Bank (“Union Planters Bank”) sued Choo Choo Tire Service, Inc. (“Choo Choo”) to collect payment due on two checks in the aggregate amount of $30,000 and made payable to Southway Equipment Sales (“Southway”). Union Planters Bank was prevented from collecting on these checks due to Choo Choo’s stop payment order. The trial court granted summary judgment to Union Planters Bank, and Choo Choo appeals. For the following reasons, we reverse.

“The standard of review of the trial court’s [grant] of the bank’s motion for summary judgment is a de novo review of the…