Hiroshima

Plaintiff had judgment in an action against the defendant for negligently paying the amount of a check upon which payment had" been ordered stopped, from which judgment the defendant appeals.

Omitting the formal part, the complaint contains the following allegations:

“That the plaintiff on the 18th day of November, 1924, had on deposit in said bank operated and conducted in said City of Sacramento by the defendant the sum of #823.31, or thereabouts.

“On said 18th day of November, 1924, plaintiff drew a check against said account on deposit in said defendant’s bank in favor of one M. .Yamakita in the sum of $436.50; said check being post-dated November 27, 1924. After the drawing and delivery of said check to said M. Yamakita, and before the same was presented to and paid by the defendant, to-wit: on November 20, 1924, the plaintiff notified and instructed defendant not to pay said check when pre sented, and to stop payment on the same, which the defendant then and there agreed to do.

“That the defendant, contrary to said agreement herein-above set forth, negligently and carelessly, on the 29th day of November, 1924, paid said check in full upon the same being presented by one…