LANDMARK BANK v. HEGEMAN-HARRIS CO.

No. 87-1072.

522 So.2d 1051 (1988)

LANDMARK BANK OF BREVARD and Flagship First National Bank of Titusville, Appellants, v. HEGEMAN-HARRIS COMPANY, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

April 7, 1988.


Attorney(s) appearing for the Case

Hartselle Baker, Orlando, for appellants.

Elting L. Storms, of Storms, Krasny, Normile, & Dettmer, P.A., Melbourne, for appellee.


COWART, Judge.

Appellant Landmark, a collecting bank, failed to detect an improper endorsement and erroneously deposited a check payable to appellee company (payee) to the account of another company with a similar name. Relying on Landmark's guaranteed endorsement, appellant Flagship, the depository (drawee) bank, honored and paid the check. The payee, as true owner, sued both banks for conversion of the funds represented by the check. The banks pleaded section 673...

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