First National Bank v. Barrett

Bell, Chief Judge.

The plaintiffs are husband and wife. Their motion for summary judgment was granted in this suit to recover for the unauthorized payment of a check.

The facts are not in dispute. On July 19, 1975, plaintiff husband issued a check in the amount of $1,500 drawn on their joint account in defendant bank which was payable to the order of a third party, Aquatic Industries. Aquatic deposited the check in the Roswell Bank on the same date and it was credited to Aquatic’s account. Aquatic failed to indorse the check and the Roswell Bank also failed to supply Aquatic’s missing…