COOKE v. COMMERCIAL BANK OF MIAMI

No. 59-37.

119 So.2d 732 (1960)

M.O. COOKE and James C. Schuyler, d/b/a Knickerbocker Fine Cars, Appellants, v. COMMERCIAL BANK OF MIAMI, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 4, 1960.


Attorney(s) appearing for the Case

Smith & Carter, Miami, for appellants.

Smathers, Thompson & Dyer and Earl D. Waldin, Jr., Miami, for appellee.


PEARSON, Judge.

The appellants are M.O. Cooke and James C. Schuyler doing business as Knickerbocker Fine Cars. They were the plaintiffs in the court below. The appellee-defendant is the Commercial Bank of Miami. Plaintiffs brought their action claiming damages for the bank's failure to stop payment upon a check. They alleged the check was paid after receipt of a stop payment order by the bank. At the conclusion of all of the evidence, the plaintiffs moved for a directed...

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