Contemporary Business Law 8th Edition by Henry Cheeseman

Exercise 4

Stop Payment Dynamite Enterprises, Inc. (Dynamite), a corporation doing business in Florida, maintained a checking account at Eagle National Bank of Miami (Bank). Dynamite drew a check on this account, payable to one of its business associates. Before the check had been cashed or deposited, Dynamite issued a written stop-payment order to Bank. Bank informed Dynamite that it would not place a stop-payment order on the check because there were insufficient funds in the account to pay the check. Several weeks later, the check was presented to Bank for payment. By this time, sufficient funds had been deposited in the account to pay the check. Bank paid the check and charged Dynamite's account. When Dynamite learned that the check had been paid, it requested Bank to rec­redit its account. When Bank refused, Dynamite sued to recover the amount of the check. Who wins? Dynamite Enterprises , Inc. v. Eagle National Bank of Miami , 517 So.2d 112, Web 1987 Fla.App. Lexis 11791 (Court of Appeal of Florida)