SEINFELD v. COMMERCIAL BANK & TRUST CO.

No. 80-2433.

405 So.2d 1039 (1981)

Barry SEINFELD, Appellant, v. COMMERCIAL BANK & TRUST COMPANY, a Florida Banking Corporation, Appellee.

District Court of Appeal of Florida, Third District.

November 10, 1981.


Attorney(s) appearing for the Case

Lyons & Farrar and Marsha L. Lyons, Miami, for appellant.

Levine, Reckson, Reed & Geiger and Robert S. Geiger, Miami, for appellee.

Before SCHWARTZ, NESBITT and JORGENSON, JJ.


SCHWARTZ, Judge.

In unjustified reliance on the representations of a lady friend named Rachel Wolfson that they would not be negotiated, Barry Seinfeld gave her three checks, totalling $160,000, payable to the order of Wolfson's corporation, Yahalomit, Inc. Predictably enough, Wolfson almost immediately deposited the checks to the corporate account at the Commercial Bank & Trust Co., the present appellee. Although that account was then in an overdraft position...

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