400.4-403. Customer's right to stop payment--burden of proof of loss. - Missouri Statutes

Customer's right to stop payment--burden of proof of loss.

400.4-403. (a) A customer or any person authorized to drawon the account if there is more than one person may stop paymentof any item drawn on the customer's account or close the accountby an order to the bank describing the item or account withreasonable certainty received at a time and in a manner thataffords the bank a reasonable opportunity to act on it before anyaction by the bank with respect to the item described in section400.4-303. If the signature of more than one person is requiredto draw on an account, any of these persons may stop payment orclose the account.

(b) A stop-payment order is effective for six months, butit lapses after fourteen calendar days if the original order wasoral and was not confirmed in writing within that period. Astop-payment order may be renewed for additional six-monthperiods by a writing given to the bank within a period duringwhich the stop-payment order is effective.

(c) The burden of establishing the fact and amount of lossresulting from the payment of an item contrary to a stop-paymentorder or order to close an account is on the customer. The lossfrom payment of an item contrary to a stop-payment order mayinclude damages for dishonor of subsequent items under Section400.4-402.

(L. 1963 p. 503 § 4-403, A.L. 1992 S.B. 448)