Second Baptist Ch. of Reno v. First Nat. Bk of Nev

OPINION

By the Court,

Zenoff, J.:

This is an appeal from a summary judgment involving a transaction in which respondent paid a check despite a stop payment order.

On August 11, 1965 appellant issued a check to third-party defendant Angass Polk in the sum of $5,000.00 drawn on its account at a branch of respondent bank. The following day appellant stopped payment on the check. Two months later the check was presented for payment at respondent’s Spokane Street branch and respondent, contrary to the stop payment order, paid third-party defendant Angass Polk the sum of $5,000.00 and charged…