THOMAS V. FIRST NATIONAL BANK OF SCRANTON 173 Pa. Super. 205, 96 A.2d 196 (1953) CASE BRIEF

THOMAS V. FIRST NATIONAL BANK OF SCRANTON
173 Pa. Super. 205, 96 A.2d 196 (1953)
NATURE OF THE CASE: This was a dispute over a stop payment order at a bank.
FACTS: Thomas (P) went to First National (D) and issued a stop payment order on a check made to Sabor Dental Supply for $1225. Three days after the stop payment was issued, the check was honored by presentation and through inadvertence, accident or oversight, was cashed. P sued D for the $1225. The matter when to jury trial and the verdict was for P despite the fact that D's contract for stop payments expressly stated that D would in no way be held liable or responsible for the act of stopping payment. D appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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