Question

Stale Check Charles Ragusa & Son ( Ragusa), a partnership consisting of Charles and Michael Ragusa, issued a check in the amount of $ 5,000, payable to Southern Masonry, Inc. ( Southern). The check was drawn on Community State Bank ( Bank). Several days later, Southern informed Ragusa that the check had been lost. Ragusa issued a replacement check for the same amount and sent it to Southern, and that check was cashed. At the same time, Ragusa gave a verbal stop- payment order to Bank regarding the original check. Three years later, the original check was deposited by Southern into its account at the Bank of New Orleans. When the check was presented to Bank, it paid it and charged $ 5,000 against Ragusa’s account. The partnership was not made aware of this transaction until one month later, when it received its monthly bank statement. Ragusa demanded that Bank recredit its account $ 5,000. When Bank refused to do so, Ragusa sued. Who wins? Charles Ragusa & Son v. Community State Bank, 360 So. 2d 231, Web 1978 La. App. Lexis 3435 ( Court of Appeal of Louisiana)

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