Ann Weldon maintained an account at Trust Company Bank. James Weldon, her son and a garment broker, purchased textile goods from Sportswear Services for resale to another corporation known as Thicket Textiles. Sportswear demanded certified funds from James Weldon before it would ship the goods. When James Weldon requested a certified check from Trust Company, Trust Company officer Sweat informed James that if it issued a certified check, payment could not be stopped even if the merchandise delivered was not as promised under the terms of the contract.
Ann Weldon then obtained a $16,319.29 cashier’s check drawn on her account and payable to Sportswear. James had deposited his funds into her account to cover the check. The check was delivered to Sportswear, and the goods were shipped the next day, but they were defective. Ann Weldon went to Trust Company Bank to issue a stop payment order, and the bank, believing that the check had not yet been delivered to Sportswear, did so for $25. James Weldon then notified Sportswear of the stop payment order. After Trust Company dishonored the cashier’s check, Sportswear’s bank was in contact with the bank and informed it that the check had already been delivered to Sportswear. Trust Company honored the check and credited Ann Weldon’s account with the $25 stop payment fee. Ann filed suit because Trust Company did not stop payment. Should payment have been stopped? Why or why not? [Weldon v Trust Co. Bank of Columbus, 499 SE2d 393 (Ga App)]