Chilson v. Capital Bank of Miami

Parks, J.:

Plaintiffs Elmer D. Chilson and his bank, Merchants National Bank of Topeka, Kansas (Merchants) brought this action against the Capital Bank of Miami, Florida (Capital), which accepted an unendorsed check drawn by Chilson. The trial court granted summary judgment to Merchants based upon a claim for breach of express written warranty. Capital appeals.

On June 2,1977, Elmer D. Chilson wrote a $4,550 check on his Merchants account paid to the order of Murías Brothers Commodities, Inc. for the purchase of gold futures. The check was presented to Capital for collection by Caribbean…