Coconut Grove Bank v. M. R. Harrison Construction Corp.

PER CURIAM.,

The appellant was plaintiff in the trial court and brought an action to recover from the appellee for damages allegedly suffered as a holder in due course of a check drawn by the appellee to one Roy L. Willard, Inc., which was deposited in the appellant bank to the account of Willard. The bank immediately permitted funds to be drawn against the deposited check without waiting for same to clear. One of the items withdrawn was a total sum of $12,250.00 which was credited on a note the bank held from Willard. Upon learning that the appellee had issued a stop payment order on the…