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NORTHEAST BANK OF CLEARWATER v. BENTLEY

No. 81-694.

413 So.2d 480 (1982)

NORTHEAST BANK OF CLEARWATER, Appellant, v. Marguerite L. BENTLEY, Sometimes Known As Margaret L. Bentley, Appellee.

District Court of Appeal of Florida, Second District.

May 7, 1982.

Attorney(s) appearing for the Case

Ted R. Manry, III, and Joshua Magidson, Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellant.

Douglas J. Loeffler, Clearwater, for appellee.

DANAHY, Judge.

The appellant (the Bank) negotiated a check bearing the endorsement of only one of the two payees. Appellee (Mrs. Bentley), the other payee, brought this action against the Bank for conversion of the funds represented by the check. As an affirmative defense, the Bank asserted that the intended person — the endorsing payee — received the proceeds of the check. The trial judge rejected that defense and summarily entered judgment for Mrs...

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