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KRAMER v. FIRST NATIONAL BANK OF HOMESTEAD

No. 63-863.

163 So.2d 341 (1964)

Jerry A. KRAMER, Appellant, v. The FIRST NATIONAL BANK OF HOMESTEAD, Appellee.

District Court of Appeal of Florida. Third District.

April 28, 1964.

Attorney(s) appearing for the Case

Edward L. Walton, Miami, for appellant.

O. Ralph Matousek, Homestead, for appellee.

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

PER CURIAM.

The plaintiff, Jerry A. Kramer, appeals a summary final judgment for the defendant, First National Bank of Homestead, in an action to recover money in a joint savings account, alleged to have been wrongfully paid to the joint depositor, in violation of the bank rule that the passbook must be presented for all withdrawals. The answer of the bank contained the following affirmative defense:

"As an Affirmative Defense, the Defendant would show as...

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