Automotive Tire Service, Inc. v. First National Bank

LOCKWOOD, Justice:

Plaintiff, First National Bank of Arizona in Phoenix (hereinafter designated the Bank) brought suit against its depositor, Automotive Tire Service, Inc., d. b. a. Duddy’s of Arizona (hereinafter designated Duddy’s) for the sum of $2,418.52. The Bank alleged that this amount had been by mutual agreement recredited to the account of Duddy’s after a check drawn by Duddy’s on which payment had been ordered stopped was later paid by the Bank through inadvertence and mistake. The facts of this controversy as found by the court sitting without a jury are as follows.

Duddy’s had for…