AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, APPELLANT,
v.
MERCANTILE NATIONAL BANK OF MIAMI BEACH, APPELLEE. NATIONAL SECURITY BANK OF CHICAGO, APPELLANT, V. MERCANTILE NATIONAL BANK OF MIAMI BEACH, APPELLEE. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, APPELLANT, V. MERCANTILE NATIONAL BANK OF MIAMI BEACH, APPELLEE
Affirmed. See First Nat. Bank of Portland v. United States Nat. Bank, 100 Or, 264, 197 P. 547, 14 A.L.R. 479, and Atlantic Nat. Bank of Jacksonville v. United States,, 5 Cir.1957, 250 F.2d 114.
HORTON, C. J., and ODOM, ARCHIE M., Associate Judge, concur.
CARROLL, CHAS., J., dissents.
(dissenting).
I respectfully dissent because I am of the opinion that there was a triable issue on a material matter on which the right to re-' cover under the second count depended, and that was whether there was negligence or fault on the part of the collecting bank which caused or contributed to the payment of the checks by the Chicago banks. See United States v. Chase National Bank, 252 U.S. 485, 494, 40 S.Ct. 361, 64 L.Ed. 675; Riggs National Bank of Washington, D. C. v. Dade Federal Savings & Loan Ass’n, 5 Cir.1959, 268 F.2d 951, 953.
CARROLL, CHAS., Judge
(dissenting).
I respectfully dissent because I am of the opinion that there was a triable issue on a material matter on which the right to re-' cover under the second count depended, and that was whether there was negligence or fault on the part of the collecting bank which caused or contributed to the payment of the checks by the Chicago banks. See United States v. Chase National Bank, 252 U.S. 485, 494, 40 S.Ct. 361, 64 L.Ed. 675; Riggs National Bank of Washington, D. C. v. Dade Federal Savings & Loan Ass’n, 5 Cir.1959, 268 F. 2d 951, 953.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Young v. Edwards, 127 So. 2d 679 (Fla. 1961)…Certiorari denied without opinion. 122 So. 2d 211.…
Authorities Cited
- United States v. Chase Nat'l Bank, 252 U.S. 485 (U.S. 1920)
- The Riggs Nat'l Bank OF Wash. v. Dade Fed. Sav. & Loan Ass'n OF Miami, 268 F.2d 951 (5th Cir. 1959)
- Atl. Nat'l Bank OF Jacksonville v. United States, 250 F.2d 114 (5th Cir. 1957)