County of Okeechobee v. Florida National Bank

(dissenting) — The record here clearly shows that the Florida National Bank, in good faith and in the usual course of business, treated the stipulation dated May 6, 1929, as a legal and binding obligation of the County of Okeechobee and exercised all diligence required of it by law. The County of Okeechobee, through the county commissioners, presented its claim to the liquidator of the Peoples Bank of Okeechobee for the entire amount of the deposit, and the closing of this bank is the cause of the suit at bar.

The facts as shown by the record do not justify the conclusion of the liability of…