Legal Opinion
Johnston v. Exchange Nat'l. Bank of Tampa
Supreme Court of Florida
Decided October 2, 1942PublishedCited by 5 opinions
1Opinion of the Court
THOMAS, J.:
The appellant claims that error was committed by the circuit judge when he entered judgment on the demurrer to the amended fifth count of the declaration after “offering leave to plaintiff to further amend ... as he might be advised” and after “plaintiff in open court” declined to-revise his pleading.
The principle relied upon to secure reversal is the one stated in Guaranty State Bank & Trust Co. v. Lively, 108 Tex. 393,194 S. W. 937; “A check made payable to a fictitious person with the knowledge of the maker is payable to bearer, and a bank which paid the check would be protected…
2Cases cited6 opinions
- First National Bank v. Produce Exchange BankSupreme Court of Missouri · 1935
- Norton v. City Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1923
- Bourne v. Maryland Casualty Co.Supreme Court of South Carolina · 1937
- Guaranty State Bank & Trust Co. v. LivelyTexas Supreme Court · 1917
- Soekland v. StorchSupreme Court of Arkansas · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- CITY NAT. BANK OF MIAMI NA v. WernickDistrict Court of Appeal of Florida · 1979
- Florida National Bank at St. Petersburg v. GeerSupreme Court of Florida · 1957
- Employers Mutual Liability Insurance v. Banco Popular de Puerto RicoSupreme Court of Puerto Rico · 1965
- Segel v. First State Bank of MiamiDistrict Court of Appeal of Florida · 1983
- Employers Mutual Liability Insurance Co. of Wisconsin v. Banco Popular de Puerto RicoSupreme Court of Puerto Rico · 1965