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CAPITAL CITY FIRST NAT. BANK v. LEWIS STATE BANK

No. BB-87.

341 So.2d 1025 (1977)

CAPITAL CITY FIRST NATIONAL BANK, a National Banking Corporation, Appellant, v. LEWIS STATE BANK, a Florida Banking Corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 22, 1977.

Attorney(s) appearing for the Case

C. Gary Williams, of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for appellant.

John D. Buchanan, Jr., of Henry & Buchanan, P.A., Tallahassee, and Charles W. Pittman, of MacFarlane, Ferguson, Allison & Kelly, Tampa, for appellee.

SMITH, Judge.

Between June 19 and 25, 1974, two checks drawn by the distressed Commonwealth Corporation on uncollected funds were, as one witness put it, "floating around Tallahassee looking for a home." Both checks, totaling $150,000, were drawn by Commonwealth to the order of Commonwealth on its account at Florida State Bank of Tallahassee. Commonwealth deposited the first check, for $10,000, in its account at appellant Capital City First National Bank on June 19...

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