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BANK OF LOUISVILLE ROYAL v. SIMS

435 S.W.2d 57 (1968)

BANK OF LOUISVILLE ROYAL, Appellant, v. Mrs. J. E. (Nancy) SIMS, Appellee.

Court of Appeals of Kentucky.

December 13, 1968.

Attorney(s) appearing for the Case

Charles F. Wood, Greenebaum, Barnett, Wood & Doll, Louisville, for appellant.

Benjamin Mazin, Louisville, for appellee.

CLAY, Commissioner.

Appellee recovered $631.50 for the wrongful dishonor of two small checks. This sum included the following items of damage: $1.50 for a telephone call; $130 for two weeks' lost wages; and $500 for "illness, harassment, embarrassment and inconvenience". The trial court, trying the case without a jury, found that the dishonor was due to a mistake and it was not malicious.

KRS 355.4-402 provides:

"A payor bank is liable to its customers...

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