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W. HORACE WILLIAMS CO. v. BROWARD BANK & TRUST CO.

No. 7089.

69 F.2d 14 (1934)

W. HORACE WILLIAMS CO., Inc., v. BROWARD BANK & TRUST CO.

Circuit Court of Appeals, Fifth Circuit.

February 15, 1934.

Attorney(s) appearing for the Case

Edward E. Fleming, of Miami, Fla., and E. Howard McCaleb, Jr., of New Orleans, La., for appellant.

C. N. McCune, C. A. Hiaasen, and T. F. Fleming, all of Fort Lauderdale, Fla., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was for $4,125 wired by appellant "For credit of Dye, Merrill & Brennan, Inc. agents Detroit Fidelity & Surety Company." The claim was that by depositing the amount in the account Dye, Merrill & Brennan, Inc., carried with the bank, the bank had diverted and in effect had converted, the deposit. The bank, not denying that the deposit had been made as claimed, denied that either diversion, conversion, or damage to plaintiff...

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