Bank errs in honoring stop payment order after payment of item in cash.

- It is bank's mistake to honor customer's stop payment after stop payment could no longer be made under O.C.G.A. § 11-4-303. Citizens & S. Nat'l Bank v. Youngblood, 135 Ga. App. 638, 219 S.E.2d 172 (1975).

Right to stop payment.

- The law fully accords the drawer of an uncertified check the right to order the drawer's bank to stop payment, and stopping payment on a check, especially to recoup monies owed, does not constitute extreme and outrageous conduct. UPS v. Moore, 238 Ga. App. 376, 519 S.E.2d 15 (1999).

Bank draft does not operate as assignment of funds, as does certified check, cashier's check or bank money order, which are considered to be notes carrying unconditional promises to pay. Fulton Nat'l Bank v. Delco Corp., 128 Ga. App. 16, 195 S.E.2d 455 (1973).

Order in which items are paid.

- While plaintiff bank customers alleged defendant bank had a practice of manipulating the posting of transactions to impose overdraft fees, there was no substantive unconscionability under O.C.G.A. § 11-2-302 as the deposit agreement was consistent with O.C.G.A. § 11-4-303(b) as to the order items were paid. White v. Wachovia Bank, N.A., 563 F. Supp. 2d 1358 (N.D. Ga. 2008).

Cited in Andrews v. Citizens Bank, 139 Ga. App. 763, 229 S.E.2d 501 (1976); United States v. Citizens & S. Nat'l Bank, 538 F.2d 1101 (5th Cir. 1976); First Nat'l Bank & Trust Co. v. Georgia R.R. Bank & Trust Co., 238 Ga. 693, 235 S.E.2d 1 (1977).

Am. Jur. 2d.

- 10 Am. Jur. 2d, Banks and Financial Institutions, §§ 770, 779 et seq. 11 Am. Jur. 2d, Banks and Financial Institutions, §§ 941, 955, 987, 988. 11 Am. Jur. 2d, Bills and Notes, § 388.

C.J.S.

- 9 C.J.S., Banks and Banking, §§ 326, 352 et seq.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 4-303.

ALR.

- Deposit to individual account of checks or notes drawn or endorsed by agent or fiduciary, as charging bank with notice of misappropriation, 57 A.L.R. 925; 64 A.L.R. 1404; 106 A.L.R. 836; 115 A.L.R. 648.

Rights and duties where check is presented to bank which exceeds balance on deposit, 62 A.L.R. 187.

Right and remedy as regards application of debt due from insolvent as between debts owed by creditor to insolvent, 86 A.L.R. 993.

Setoff or lien as between banks as to collection items or proceeds, as affected by question of mutuality or rights or owner of paper, 90 A.L.R. 1009.

Garnishment of bank deposit as affected by bank's right or waiver of right to set off depositor's indebtedness to it against deposit or apply deposit to such indebtedness, 110 A.L.R. 1268.

Bank's right as against receiver to apply or set off deposit to credit of insolvent corporation against its indebtedness to bank, 134 A.L.R. 536.

What amounts to waiver, estoppel, or loss of bank's right to set off depositor's indebtedness against deposit or to apply deposit upon indebtedness, 143 A.L.R. 453.

Deposit in name of one indebted to bank, which is not subject to withdrawal until discharge of obligation of depositor to third person, as subject of setoff by depositor-debtor against debt, or to application by bank in payment of debt, 149 A.L.R. 735.

Construction, application, and effect of statute relating to notice to bank of adverse claim to deposit, 62 A.L.R.2d 1116.

Post-Sniadach status of banker's right to set off bank's claim against depositor's funds, 65 A.L.R.3d 1284.

Uniform Commercial Code: Bank's right to stop payment on its own uncertified check or money order, 97 A.L.R.3d 714.