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SPURWAY v. FRICK

No. 6771.

63 F.2d 875 (1933)

SPURWAY v. FRICK CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

March 9, 1933.

Attorney(s) appearing for the Case

Charles R. Pierce, of Miami, Fla., for appellant.

M. Earl Baum, of Coconut Grove, Fla., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellee wrote the City National Bank in Miami: "We enclose for collection our No. 3172 for $350.71. Proceeds may be remitted by cashier's check, certificate of deposit, or New York, Philadelphia or Chicago exchange." The bank on December 15 collected the note by taking a check on itself from the maker, one of its customers. On December 18, as directed in appellee's forwarding letter, it remitted by New York exchange on the Chemical Bank...

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