BAY FINANCE CORP. OF PANAMA CITY v. BAY NAT. B. & T. CO.

No. I-28.

200 So.2d 248 (1967)

BAY FINANCE CORPORATION OF PANAMA CITY, a Florida Corporation, Appellant, v. The BAY NATIONAL BANK AND TRUST COMPANY, PANAMA CITY, Florida, a National Banking Corporation, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied July 13, 1967.


Attorney(s) appearing for the Case

Ervin, Pennington, Varn & Jacobs, Tallahassee, for appellant.

Davenport, Johnston, Harris & Urquhart, Panama City, and Truett & Watkins, Tallahasee, for appellee.


JOHNSON, Judge.

The appellant herein was plaintiff below, and brought suit against the appellee, defendant below, using two counts in its complaint. The first count alleged a breach of contract by appellee, who will be hereinafter sometimes referred to as the Bank, by paying from appellant's account at said Bank certain funds to a fraudulent employee of appellant. The second count, alleging the same set of facts, charged the Bank with negligence in paying over appellant...

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