Johnson v. F. M. Leonard & Co.

C. C. Johnson, as Liquidator of the defunct Commercial Bank of St. Augustine, sued F. M. Leonard & Co., as drawer of a check which had been deposited in the defunct bank. The case was tried before the Circuit Judge without a jury. Judgment was entered in favor of defendant and plaintiff prosecutes writ of error.

The facts are as follows: On January 27, 1930, F. M. Leonard & Co., drew a check on the Atlantic National Bank of Boston, Mass., payable to the order of W. F. Wolfe. The amount of the check was $125.00. During, banking hours on January 29, 1930, W. F. Wolfe deposited the check in the…