FLORIDA-PATSAND CORP., APPELLANT,
v.
CENTRAL BANK AND TRUST COMPANY, A FLORIDA BANKING CORPORATION, APPELLEE

Fla. 3d DCA | 1965-08-10
No. 64-796
Before TILLMAN PEARSON, BARK-DULL and SWANN, JJ.
177 So. 2d 533 Florida District Court of Appeal, Third District (1965) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Florida-Patsand Corp. appealed a summary judgment for an overdraft created when it deposited a $25,000 check drawn on an out-of-state bank, immediately withdrew funds against it via cashier's checks, and the original check was subsequently dishonored. The court affirmed, holding that a depository bank that credits a deposit and permits withdrawal before collection becomes a holder for value and may recover the overdraft amount from its customer regardless of the bank's potential remedies against the drawer.


Holding

A depository bank that credits a deposit to its customer's account and permits withdrawal before collection or notice of defect becomes a holder for value as to the amount withdrawn and may enforce payment against the drawer of the check. The bank's right to recover the overdraft from the customer is not mutually exclusive with other remedies against the drawer or endorser, and the bank may recover moneys advanced to the customer even when the original instrument is dishonored.


Key Quotes

“when a bank credits a deposit to its customer and thereafter permits the depositor to withdraw the fund before collection or notice of stop order or any other defect, and the customer does, in fact, withdraw the fund, the depository bank becomes a holder for value of the check as to the amount withdrawn and may enforce payment against the drawer thereof.”

Establishes the core legal principle that a bank becomes a holder for value when it permits withdrawal before collection, allowing it to enforce payment against the drawer.

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Facts & Procedural History

Central Bank and Trust Company was Patsand's depository bank. Katz, Patsand's only authorized check-signer, sought to cash a $25,000 check drawn on a …

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Opinion of the Court
TILLMAN PEARSON, Judge.

TILLMAN PEARSON, Judge.

Florida-Patsand Corp., defendant in the trial cortrt, appeals a summary final judgment entered against it in an action brought by the Central Bank and Trust Company. The Bank claimed that Patsand owed it $24,200 upon an overdraft on Patsand’s account in the Bank. We aflirm the summary final judgment.

Central Bank and Trust Company was the depository bank for Florida-Patsand Corp. Irving Katz was the only authorized person with the right to issue or endorse checks of Patsand at Central. Katz sought to cash at Central a $25,000 check payable to Patsand and drawn on a St. Louis, Missouri bank. Central would not cash the check for Katz. However, Mr. Ashman, a Vice President at Central, indicated that the $25,000 check could be deposited to Patsand’s account at Central and that Patsand would be permitted to immediately draw against the same using its corporate checks without the usual waiting period to determine whether the check was good. Ashman wrote on the check “For Deposit Only Florida-Patsand Corp.,” after which it was deposited to Patsand’s account. Simultaneously with the deposit transaction, Katz, on behalf of Patsand, purchased $24,000 of cashier’s checks from Central, through Patsand checks drawn on its account at Central to pay for same.

Subsequently, the $25,000 check drawn on the St. Louis bank was dishonored. Central advised Patsand and Katz that an overdraft had been created in the Patsand account. Upon failure of Patsand or Katz to make good on the overdraft, Central sued Patsand and obtained a summary judgment in the amount of $24,200, plus costs which is the subject of this appeal.

The amount of the judgment is not in issue; however, the appellant urges that under the facts of this case Central became the purchaser and owner of the $25,000 check and as such did not have a claim for recovery against Patsand on the overdraft but was limited to an action against the drawer or drawee bank on the dishonored check or against Patsand on its endorsement of the check.

It cannot be doubted that regardless of the initial deposit agreement, when a bank credits a deposit to its customer and thereafter permits the depositor to withdraw the fund before collection or notice of stop order or any other defect, and the customer does, in fact, withdraw the fund, the depository bank becomes a holder for the value of the check as to the amount withdrawn and may enforce payment against the drawer thereof. Sorrells Bros. Packing Co. v. Union State Bank, Fla.App.1962, 144 So.2d 74; Bank of America v. Dade Federal Savings & Loan Ass’n., Fla.App. 1963, 154 So.2d 191. However, we are unable to agree with appellant’s contentions and fail to find the cited cases as supporting such a proposition. The obligation of a depositor to repay to the bank the-amount of money that the depositor has. drawn against a dishonored check is based upon the fact that the bank has paid money for the depositor’s use or benefit. See Cunningham v. Bunker, 5th Cir. 1930, 45 F.2d 458. See also cases cited at 10 Am. Jur.2d, Banks § 655. This remedy need not be mutually exclusive of the right of the bank to sue upon the negotiable instru*535ment. See: Sorrell Bros. Packing Co. v. Union State Bank, supra; Bank of America v. Dade Federal Savings & Loan Ass’n., supra.

Inasmuch as the judgment was for moneys advanced by the bank, we need not consider Patsand’s point that the for deposit only endorsement was a restrictive endorsement and therefore precluded an action against Patsand. See Cunningham v. Bunker, supra. Furthermore, we find no merit in appellant’s position that it is entitled to the dishonored instrument before it has returned the money that it received from the bank for the instrument.

Accordingly, the summary final judgment is affirmed.

Affirmed.


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Citator

Cited By

  • B.J. Seger Fine Arts, Inc. v. Scher, 592 So. 2d 1133 (Fla. 3d DCA 1991)
    …ellant was not estopped to file suit against Scher for conversion and theft of artwork which appellant allegedly consigned to Scher. See Klondike, Inc. v. Blair, 211 So. 2d 41 (Fla. 4th DCA 1968); Florida-Patsand Corp. v. Central Bank and Trust Co., 177 So. 2d 533 (Fla. 3d DCA 1965). Reversed. ORDER Upon consideration, appellee Gary Scher’s motion for rehearing is hereby denied. The motion for clarification of appel-lee Napolitano is granted. The style of this appeal will be corrected to recognize that…
  • …rg v. Bank of American National Trust and Savings Association, 1943, 58 Cal. App.2d 1, 135 P. 2d 689, 692; Prowinsky v. Second National Bank, 1920, 49 U.S.App. D.C. 363, 265 F. 1003; Florida-Patsand Corp. v. Central Bank and Trust Co., Fla.App.1965, 177 So. 2d 533, 534. These cases support the proposition, with which we agree, that “whether or not [a] transaction constitutes a loan, is to be determined from the surrounding facts in the particular case”. The Michie Co., 6 Banks and Banking, ch. 11, § 4, at 22…

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