Tusso v. Security National Bank

The plaintiff delivered a check to the third-party defendant in the sum of $600 in the evening of July 24,1972. At 9:00 o’clock the following morning, the plaintiff appeared at Security National Bank and stopped payment on the check and the plaintiff paid a fee of $5 for the stop payment order as required by the bank. At approximately 10:40 o’clock the same morning, the third-party defendant appeared and had the check certified and the plaintiff’s account was duly charged. The plaintiff is seeking recovery from the bank and takes the position that the bank erroneously certified funds after a…