Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 17

Siniscalchi wrote a check on his account in the Valley Bank of New York and then negotiated the check on to a holder. He placed a stop-payment order on the check with his bank two days after the holder had cashed the check. Siniscalchi, however, was unaware that the check had been cashed. Upon checking its transactions, the Valley Bank discovered that Siniscalchi's check had been cashed and charged his account. Siniscalchi sued the bank, claiming that Valley Bank ignored his stop-payment order. Is the bank liable in damages to Siniscalchi for violating the stop-payment order? (Siniscalchi v. Valley Bank of New York, 359 N.Y.S.2d 173)