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DECATUR AUTO CENTER v. WACHOVIA BANK, N.A.

No. S02G1549.

583 S.E.2d 6 (2003)

276 Ga. 817

DECATUR AUTO CENTER v. WACHOVIA BANK, N.A.

Supreme Court of Georgia.

Reconsideration Denied July 14, 2003.

Attorney(s) appearing for the Case

Mason, Harris & Bahr, LLP, William P. Mason, Brian J. Harris, Atlanta, for appellant.

Gray & Gilliland, P.C., Charles Ratz, Garland, Samuel & Loeb, P.C., Edward T.M. Garland, Spix, Krupp & Reece, Mark V. Spix, Atlanta, for appellee.

McKenney & Froelich, Jerome J. Froelich, Jr., David M. Kupsky, Atlanta, for amicus curiae.

HUNSTEIN, Justice.

This case addresses the question whether the maker of a check can bring an action in conversion against its bank when the bank pays out on the check despite a stop-payment order.

Decatur Auto Center, Inc. issued Northside Sales & Leasing a check for $30,500 to be cashed once Northside obtained title to a Mercedes automobile that a Decatur Auto customer wanted to buy. The check, number 1041, was drawn on Decatur Auto's commercial account...

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