State Ex Rel. Chan Siew Lai v. Powell
State Ex Rel. Chan Siew Lai v. Powell
Opinion of the Court
This is an original proceeding in which relator seeks to prohibit respondent from maintaining a temporary injunction enjoining a bank from paying its cashier’s check held by relator.
The injunction suit out of which this proceeding arose was filed April 22, 1975, in the circuit court of Greene county by Nathaniel Gunn, doing business as Cameo-Nixa (hereinafter Gunn) against the Empire Bank of Springfield (hereinafter the Bank). The allegations of the petition are, in substance, that Kin Tak Hong, also
Shortly after respondent had issued a temporary injunction, the relator herein, Chan Siew Lai, intervened in the injunction suit and filed pleadings (a motion to dismiss and a petition) claiming, inter alia: (1) that he is the holder of the check and entitled to receive payment of the amount thereof; (2) that Gunn is without standing to sue to enjoin payment because not a party to the contract (evidenced by the cheek) between the Bank and the payee or the latter’s as-signee; (3) that the court is without jurisdiction to enjoin payment by the Bank under § 400.4-303, RSMo 1969;
There was no response by Gunn or the Bank to these allegations of intei venor-re-lator’s petition.
After presentation by intervenor (relator here) of his motion to dismiss the petition and dissolve the injunction, respondent announced that he would maintain the temporary injunction unless prohibited from doing so. Thereafter, relator sought and this court issued its provisional rule in prohibition. We now determine that the provisional rule should be made absolute.
“Any * * * stop-order received by [or] legal process served upon * * * a payor bank, whether or not effective under other rules of law to terminate [or] suspend * * * the bank’s * * * duty to pay an item * * * comes too late to so terminate [or] suspend * * * such * * * duty if the * * * stop-order or legal process is received or served * * after the bank has done any of the following:
(a) accepted or certified the item; * *.”
“Accepted,” as used in § 400.4-303(l)(a) means “acceptance” as that word is defined in § 400.3-410(1): “Acceptance is the drawee’s signed engagement to honor the draft as presented.”
A cashier’s check, unlike an ordinary check,
The nature and usage of cashier’s checks in the commercial world is such that public policy does not favor a rule that would permit stopping payment of them. It is aptly stated in National Newark & Essex Bank v. Giordano, 111 N.J.Super. 347, 268 A.2d 327 (1970): “A cashier’s check circulates in the commercial world as the equivalent of cash. * * * People accept a cashier’s check as a substitute for cash because the bank stands behind it, rather than an individual. In effect, the bank becomes a guarantor of the value of the check and pledges its resources to the payment of the amount represented upon presentation. To allow the bank to stop payment on such an instrument would be inconsistent with the representation it makes in issuing the check. Such a rule would undermine the public confidence in the bank and its checks and thereby deprive the cashier’s check of the essential incident which makes it useful. People would no longer be willing to accept it as a substitute for cash if they could not be sure that there would be no difficulty in converting it into cash.”
The stop order given by Gunn and the legal process issued in connection with the injunction suit were received by and served upon the Bank after it had issued the cashier’s check and came too late to terminate or suspend the Bank’s obligation to honor and pay it. Furthermore, the fraud allegedly practiced on Gunn by Kin Tak, if true, afforded him no standing or authority to countermand the Bank’s obligation to pay its check on demand; his remedy is by action against Kin Tak.
Gunn’s petition alleges facts which show not only that he has no claim for injunctive relief against the Bank, but also
The provisional rule is made absolute.
. References to sections of the statutes will be to this revision unless otherwise indicated. Section 400.4-303 is a part of the Uniform Commercial Code, Laws of Missouri, 1963, pp. 510-638.
. An order by one party (drawer) directing a bank (drawee) to pay on demand a fixed sum of money to a third party (payee). Section 400.3-104.
Dissenting Opinion
(dissenting).
In Missouri, the right of appeal is given by statute. Section 512.020, RSMo 1969. Historically, this statute has been construed as directing generally that appeals may be taken only from final orders or judgments.
In State ex rel. Smith v. Greene, 494 S.W.2d 55 (Mo. banc 1973), this Court effectually repealed § 512.020, supra, and held that the writ of prohibition may be utilized as a device for taking an appeal from an interlocutory order or judgment.
I must recognize, therefore, that the principal opinion is following precedent when it intrudes into the judicial process at the trial level. However, I note that as recently as March 8, 1976, in State ex rel. McCurley v. Hanna, 535 S.W.2d 107 (Mo. bane 1976), this Court cited State ex rel. Schaper v. Stussie, 487 S.W.2d 49, 51 (Mo.App. 1972) for the proposition: “Prohibition is no substitute for appeal nor is it a device to correct trial errors or rulings.” I would submit that, in the present state of affairs, pronouncements such as these are confusing. They perpetuate myths.
I respectfully dissent.
Reference
- Full Case Name
- STATE of Missouri Ex Rel. CHAN SIEW LAI, Relator, v. Honorable Jack A. POWELL, Judge, Respondent
- Cited By
- 24 cases
- Status
- Published