Mustin v. Citizens & Southern National Bank

Shulman, Chief Judge.

Appellants issued a check written on their C & S account to Arcadia Builders. The check was subsequently endorsed “For Deposit Only One Hour Martinizing Sidley,” and appellant’s account was debited the amount of the check. Six weeks later, appellants issued a stop payment order which appellee confirmed. When appellee refused to honor appellants’ demand that the amount of the Arcadia check be returned to them, appellants filed suit alleging that the bank’s unauthorized payment to “One Hour Martinizing” constituted a breach of the bank-customer agreement, amounted to a…