Wall v. Franklin Trust Co.

Opinion by

Henderson, J.,

The plaintiff having funds on deposit in the defendant bank gave' a check thereon for the sum of $400, payable to William F. Shriver. Before the check was presented for payment by the latter, the drawer notified the bank not to pay the check. This notice the bank disregarded and paid the amount of the check to Shriver, whereupon the plaintiff brought this action to recover the amount so paid and the balance remaining to his credit in the bank. It was admitted that the notice was given and that the check was subsequently paid to the drawee. The defense to the action is…