Question: Fitting wrote a check for 800 and gave it to
Fitting wrote a check for $800 and gave it to the payee. She then had second thoughts about the check. She contacted the bank at which she had her checking account about the possibility of stopping payment on the check. A bank employee told her that she could not file a stop-payment order until the bank opened the next morning. The next morning, Fitting did not file a stoppayment order. Instead she withdrew money from her account so that less than $800 remained in it. She believed that the bank would not pay the $800 check if there were not sufficient funds in the account to cover it. However, the bank paid the check and created an overdraft in Fitting's account. The bank then sued Fitting to recover the amount of the overdraft. Could a bank pay a customer's check even if this creates an overdraft in the customer's checking account?
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