Parr v. Security National Bank

680 P.2d 648 (1984)

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Nature of the Case

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Facts

P wrote check number 949 to Champlin Oil for $972.96. P dated and mailed it September 14, 1981. On September 15, 1981, P ordered payment stopped by telephone. Parr gave the bank her account number, the check number, the date, the payee and the amount of the check. A 50 cent error was made in identifying the amount of the check. P went to the bank on September 16th or 17th and executed a written stop order dated September 15, 1981. The written stop order was also in error. D paid the check on September 17, 1981. P sued D for the amount of the check, 12% interest on that amount, reasonable attorney's fees and costs. D defended by showing their computers were programmed to stop payment only if the reported amount of the check was correct and that the 50 cent error relieved them of liability. D got the judgment and P appealed.