JAYRE INC. v. WACHOVIA BANK & TR. CO.

No. 81-2199.

420 So.2d 937 (1982)

JAYRE INCORPORATED and Hilliard Herzog, Appellants, v. WACHOVIA BANK AND TRUST CO., N.A., a National Banking Assn., Appellee.

District Court of Appeal of Florida, Third District.

October 26, 1982.


Attorney(s) appearing for the Case

Seligman & Sandler and Kenneth Sandler, Hollywood, for appellants.

Frates & Novey and Terry S. Bienstock and Diane M. Van Ness, Tallahassee, for appellee.

Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.


BARKDULL, Judge.

On May 1st, 1981, the appellee bank, as plaintiff, filed an action against the defendants that charged that, it, the bank, had erroneously transferred $87,200. to the bank account of the defendant corporation; that the corporation, through the individual defendant, as its president, had refused to return the funds and thereby converted them and in fact by their conversion and refusal the defendants were guilty of a theft under § 812.035 Florida...

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