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AUTOMOTIVE TIRE SERVICE v. FIRST NAT. BANK OF ARIZ.

No. 8125.

102 Ariz. 512 (1967)

433 P.2d 804

AUTOMOTIVE TIRE SERVICE, INC., an Arizona corporation, Appellant, v. FIRST NATIONAL BANK OF ARIZONA, PHOENIX, a national banking association, Appellee.

Supreme Court of Arizona, In Banc.

November 15, 1967.

Attorney(s) appearing for the Case

Jestila & Holroyd, Phoenix, for appellant.

Kramer, Roche, Burch & Streich, by Paul D. Levie, Phoenix, for appellee.

LOCKWOOD, Justice:

Plaintiff, First National Bank of Arizona in Phoenix (hereinafter designated the Bank) brought suit against its depositor, Automotive Tire Service, Inc., d.b.a. Duddy's of Arizona (hereinafter designated Duddy's) for the sum of $2,418.52. The Bank alleged that this amount had been by mutual agreement recredited to the account of Duddy's after a check drawn by Duddy's on which payment had been ordered stopped was later paid by the Bank through inadvertence...

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