Chute v. Bank One of Akron, N.A.

This appeal is taken from an order enjoining the Firestone Bank, n.k.a. Bank One of Akron (“bank”), from freezing the accounts of plaintiff-appellee, David Chute, and awarding Chute $28 in damages. We reverse.

Facts

This suit was brought in the trial court as an action for fraud by David Chute, d.b.a. Golden Years Antique & Coin Shop (“Chute”), against James Everhart and Sidney Perry. The bank was also named as a defendant wherein Chute requested an injunction preventing the bank from charging Chute’s accounts to recover the amount the bank had improperly paid out over a stop payment order on a…