Legal Opinion
Yates v. Commercial Bank & Trust Co.
District Court of Appeal of Florida
Decided June 7, 1983No. 82-2478PublishedCited by 1 opinion
1Opinion of the Court
SCHWARTZ, Chief Judge.
On October 17, 1981, Emmett E. McDonald, acting as the personal representative of the estate of Marion Cahill, deceased, wrote a check to himself, individually, on the estate checking account in the Commercial Bank & Trust Company. The instrument contained an obvious variance between the numbers and the written words which indicated the amount of the check. It said:
“Pay to the order of Emmett E. McDonald $10075.00 Ten hundred seventy five_Dollars.” [1]
The bank paid the $10,075.00 sum stated by the numerals to McDonald, who absconded with the funds. Through a successor…
2Cases cited7 opinions
- Fulka v. Florida Commercial Banks, Inc.District Court of Appeal of Florida · 1979
- Sanchez v. Mercy HospitalDistrict Court of Appeal of Florida · 1980
- Susan Dawson v. Cecil Andrus, Secretary of the Interior, and the United States Department of the InteriorCourt of Appeals for the Tenth Circuit · 1980
- St. Paul Fire & Marine Insurance v. State Bank of SalemIndiana Court of Appeals · 1980
- McNeese v. StateCourt of Criminal Appeals of Texas · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schuster v. Banco De Iberoamerica, SADistrict Court of Appeal of Florida · 1985