Dishman v. Hill
Indiana Court of Appeals
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
- Stoutco, Inc. v. AMMA, INC.District Court, N.D. Indiana · 1985