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As payment in advance for services to be performed, Acton signed and delivered the following instrument: LAST NATIONAL BANK MONEYVILLE, STATE X Pay to the order of Olaf Owen $1,500.00 _________ Fifteen Hundred Dollars________ For services to be performed by Olaf Owen starting on December 6, 2010. (signed)
Arthur Acton Owen requested and received Last National Bank's certification of the check even though Acton had only $900 on deposit.
Owen indorsed the check in blank and delivered it to Dan Doty in payment of a preexisting debt. When Owen failed to appear for work, Acton issued a written stop payment order ordering the bank not to pay the check. Doty presented the check to Last National Bank for payment. The bank refused payment. What are the bank's rights and liabilities relating to the transactions described?
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Motivation
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The lower court judge found that the only defect in the paint job was a footprint left on the roof that would cost $50 to repair. How much money, if any, and under what legal theory, did the court allow Grafio to recover for the paint job?
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