Legal Opinion · Dissent

Wertz v. Richardson Heights Bank and Trust

Texas Supreme Court

Decided May 2, 1973No. B-3544Published

1DissentWalker, Justice

I respectfully dissent. It seems to me that the question in the case is not one of authority to “stop payment” on the cashier’s check. A stop payment order is frequently given by the drawer of an instrument to the drawee instructing the latter not to apply the drawer’s funds to payment of the item. The problem of stopping payment also arises occasionally in cases where a cashier’s check is purchased by one person (the remitter) and made payable to another (the payee). After the check has been delivered by the remitter to the payee in payment of some real or fancied obligation, the remitter…

2Cases cited3 opinions

  1. National Bank of California v. MinerCalifornia Supreme Court · 1914
  2. Dakota Transfer & Storage Co. v. Merchants National Bank & Trust Co.North Dakota Supreme Court · 1957
  3. Murfreesboro Bank & Trust Co. v. TravisTennessee Supreme Court · 1950

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