Grisinger

The question involved in this appeal relates to the liability of a bank to one of its depositors who, by a “stop-payment notice” to the bank, ordered the nonpayment of a check theretofore drawn on his funds deposited in said bank—notwithstanding the fact that by a statement contained in such “stop-payment notice” the bank purportedly was relieved “from any liability in case of payment” of such check.

The facts appear to be that plaintiff had entered into an agreement with a finance company to the effect that if within a fixed time it should secure a loan of $50,000 for him he would pay to such finance company the sum of $1,500 as commission in compensation of its services in that regard. It was also agreed between such parties that plaintiff would deposit with the finance company his post-dated cheek in the sum of $1,500—apparently to be cashed on the consummation of the loan. However, before agreeing to deposit his check, plaintiff had a conversation with certain of the officers of the defendant bank who assured plaintiff that if for any reason he should desire to stop payment on his $1,500 check, he might do so by giving to the bank a notice to that effect. Several days before…