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BANK OF MIAMI v. FLORIDA CITY EXPRESS, INC.

No. 78-586.

367 So.2d 683 (1979)

The BANK OF MIAMI, Appellant, v. FLORIDA CITY EXPRESS, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 5, 1979.

Attorney(s) appearing for the Case

Layne & Brill and Mark A. Dienstag, Miami, for appellant.

Sylvestor P. Adair, Homestead, for appellee.

Before KEHOE and SCHWARTZ, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

SCHWARTZ, Judge.

Florida City Express, Inc., the maker of negotiable promissory notes, must pay twice because the Bank of Miami, a holder in due course, was not paid once. That is the impact of the law of negotiable instruments, as now embodied in the Uniform Commercial Code, upon the undisputed facts of this case.

On November 1, 1974, Florida City Express, Inc., in return for merchandise, executed an ordinary...

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