Weller v. Broad Street National Bank

Lewis, J.,

This is an action by the plaintiff, a depositor in defendant’s bank, to recover the sum of $300, which the defendant charged plaintiff when it paid a check drawn by him on which he had ordered payment stopped. The matter was heard by the court without a jury, and involves solely a question of law. The check in question was drawn by plaintiff on November 1, 1927, and on November 2, 1927, he notified the defendant to stop payment on the check, which the defendant, notwithstanding the notice, paid on November 9, 1927.

The general principle is that “where a bank pays a check after…