Continental Bank v. Fitting

OPINION

SCHROEDER, Presiding Judge.

The appellant, Continental Bank, brought this action to recover the amount of an overdraft which it paid on a check drawn on appellee’s account. The appellee, Fitting, resisted the bank’s action on the ground that the bank should not have paid the overdraft, and also counterclaimed for damages claimed to have arisen out of the wrongful dishonor by the bank of a different check. The judgment was entered in favor of Fitting on both the bank’s claim on the overdraft and on Fitting’s counterclaim, and the bank appeals.

The check leading to the overdraft claim was…