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WINTER v. AMERICAN AUTOMOBILE ASSOCIATION

No. 61-778.

149 So.2d 386 (1963)

Clark B. WINTER, as Treasurer of American Express Company, an unincorporated joint stock association for profit, Appellant, v. AMERICAN AUTOMOBILE Association, a Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 21, 1963.

Attorney(s) appearing for the Case

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, and Wesley J. Liebeler, New York City, for appellant.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell and Joseph F. Jennings, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and HORTON and BARKDULL, JJ.

BARKDULL, Judge.

The appellant [plaintiff in the trial court], hereafter known as Amexco, brought its action seeking recovery of amounts paid by it to holders of certain of its Traveler's Cheques. Said cheques were in the possession of [and stolen from] the office of the appellee-defendant, hereafter known as AAA. This action was based on the alleged failure of AAA to comply with an agreement between Amexco and AAA, whereby AAA obtained possession of said cheques...

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