This section contains the nature of the case and procedural background.

Thomas (P) went to First National (D) and issued a stop payment order on a check made to Sabor Dental Supply for $1225. Three days after the stop payment was issued, the check was honored by presentation and through inadvertence, accident or oversight, was cashed. P sued D for the $1225. The matter when to jury trial and the verdict was for P despite the fact that D's contract for stop payments expressly stated that D would in no way be held liable or responsible for the act of stopping payment. D appealed.

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