Decatur Auto Center, Inc. v. Wachovia Bank, N.A.

Hunstein, Justice.

This case addresses the question whether the maker of a check can bring an action in conversion against its bank when the bank pays out on the check despite a stop-payment order.

Decatur Auto Center, Inc. issued Northside Sales & Leasing a check for $30,500 to be cashed once Northside obtained title to a Mercedes automobile that a Decatur Auto customer wanted to buy. The check, number 1041, was drawn on Decatur Auto’s commercial account at Wachovia Bank, N.A. Although Decatur Auto instructed Northside not to cash the check until otherwise ordered, Northside disregarded…