Great Western Bank & Trust v. Nahat

OPINION

KLEIN SCHMIDT, Judge.

This case involves a question of whether the payee of a dishonored check, or instead the bank which was negligent in its attempt to collect the check, should bear the loss of the check’s dishonor. A $10,000 check dated November 6, 1978, was drawn by a Frank Ross payable to appellee Leon Nahat. Nahat testified that after receiving the check Ross requested that he wait a few days before negotiating it so that “it would be more comfortable for him [Ross].” He also testified that Ross never actually informed him that the check would not clear but admitted that he knew…