Livingston's account $48,492.29.
According Michael G. Burkhart, president of the Bank of Santa Fe, from his review of the bank's record no $48,492.29 wire transfer originated from the Bank of Santa Fe.
Pantalion had no recollection of any of the wire transfers. Pantalion testified, "As far as I am concerned, it [the $48,492.29 check] was paid by wire transfer from my bank to Hull Bank. At a later date, Mr. Clamon gave me my check back, you know." Although he did not dispute *852 his bank's records, Pantalion maintained that based upon his personal records he sent a wire from the Bank of Santa Fe. Had he been told on September 22 or 23 that the wire transfer did not go through, he would have contacted the Bank of SantaFe and wired the money.
Livingston's expert witness, John Bailey, testified Hull Bank's control procedures in connection with the wire transfer were totally inadequate, in that Taylor did not record the identification number, did not call back to verify the source of the call, and failed to maintain a log including the identity of the person making the call and the sequence number so that the telephone call could be traced to NationsBank.
Hull Bank argues the trial court properly granted a directed verdict on Livingston's claims for conversion, breach of contract, and deceptive trade practices because Hull Bank exercised its contractual and common law right of setoff. Hull Bank failed to exercise that right within the time permitted by banking regulations applicable to collecting on "checks" and "items." See