National Commercial Bank & Trust Co. v. Madison

This action is to recover from defendant the amount of a check drawn upon plaintiff bank by one of its depositors and which it paid to defendant, the payee, after receipt of a stop-payment order by the drawer. The complaint purports to plead a cause of action upon the instrument, in plaintiff’s favor as a holder in due course and upon defendant’s liability as an indorser. In the court of original jurisdiction it was dismissed as legally insufficient. On appeal to the County Court, the County Judge, in his opinion, agreed with the court below that the complaint was insufficient as stating such…