Legal Opinion · Dissent

Dishman v. Hill

Indiana Court of Appeals

Decided October 22, 1990No. 68A01-9004-CV-167Published

1DissentShields, Presiding Judge

I respectfully dissent. In my opinion the meaning of the phrase, "valid legal cause" is plain. In order to avoid penalties for stopping payment "on a check or draft drawn on or payable at a financial institution," .C. 28-2-8-1(a) (1988) when the account has sufficient funds to otherwise pay the check or draft, the drawer must have valid legal cause. Valid legal cause is a recognizable defense successfully presented at the action instituted to recover on the check. I am in total agreement with the decision of our brethren on the federal bench in Stoutco, Inc. v. AMMA, Inc. (N.D.Ind.1985), 620…

2Cases cited1 opinion

  1. Stoutco, Inc. v. AMMA, INC.District Court, N.D. Indiana · 1985

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