Second National Bank of Paintsville v. Meek Appliance Co.

MILLIKEN, Justice.

This is an appeal from a judgment for $2,855.95 given against the Bank because of its failure to stop payment on a check as directed by the drawer, the appellee. The Bank filed a general demurrer to the petition, but in its brief it claims that the ap-pellee is estopped to make the claim against the Bank; that laches should bar the claim; and that a check operates pro tanto assignment of the funds in the Bank. For the purpose of disposing of the Bank’s contentions, we shall treat these asserted defenses as if they were pleaded.

The petition sets forth the issuance of the…