Louis A. Sabatino, as Ancillary Administrator of the Estate of Jose Juan D'agostino, Deceased v. Curtiss National Bank of Miami Springs

THORNBERRY, Circuit Judge:

This is an appeal from a Florida diversity action to recover $18,750 paid by the appellee bank out of a checking account belonging to Jose Juan D’Agostino, who is now deceased. Mr. D’Agostino’s estate, the appellant here, alleges that the sum was wrongfully delivered to an unknown payee. The district court refused so to find, however, and rendered judgment for the bank. We remand the case for a new trial because of error in the exclusion of evidence.

The facts shown by the record are complex and inconclusive. The evidence seems to indicate that a check drawn on Mr.…