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ubsequently, Fidelity mailed a confirmation notice that contained, among other things, the following information:
PAYEE: MULTILAYER COMPUTER CIRCUITS AMOUNT: $1,844.48
CK: No -896
DATE: 02/27/96
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The instructions in this confirmation notice concluded with: PLEASE ENSURE AMOUNT IS CORRECT. Multi-Tek’s president signed this confirmation notice and returned it to Fidelity.
Fidelity had programmed its computer to pull checks only if all of the digits on the stop-payment order agreed with those on the check. As a result, Fidelity honored check number 896 and charged it to Multi-Tek’s account. Multi-Tek then brought suit against Fidelity to recover $1844.98 because the check was paid over the stop-payment order. There is not question the stop-payment order was timely placed. What result?
