JOHN H. KEANE, APPELLANT,
v.
PAN AMERICAN BANK, FORMERLY KNOWN AS CITIZENS BANK AND TRUST COMPANY, AND CHARLES W. MOXLEY, APPELLEES

Fla. 2d DCA | 1975-03-19
No. 74-694
McNULTY, C. J., and BOARDMAN, J., concur.
309 So. 2d 579 Florida District Court of Appeal, Second District (1975) 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

A bank deposited a check payable to two individuals into a dissolved law firm's account based on a rubber-stamp endorsement, and the remaining partners withdrew the funds. The court upheld judgment for the bank and Moxley, finding apparent authority for the endorsement practice and protection under the commercial code's good faith dealing provision.


Holding

The bank and Moxley are not liable for conversion. The bank had apparent authority to use the rubber-stamp endorsement based on past practice during the firm's existence, and Keane never notified the bank that this practice was no longer authorized. Additionally, the bank is protected under Florida Statute § 673.419(3) because it acted in good faith and in accordance with reasonable commercial standards.


Headnotes

[1] A bank may be protected from liability for conversion when it acts in good faith and in accordance with reasonable commercial standards in handling an instrument on behal…

[2] Apparent authority can be established by a course of conduct, even if actual authority has ceased, if the principal never puts the third party on notice of the change.

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Key Quotes

“it appears that while the old firm was in existence, checks payable to individual firm members were often endorsed by the rubber stamp and deposited into the firm account. Since an endorsement may be made by an agent and the agent's authority may be actual, implied or apparent, there is sufficient evidence to support the conclusion that apparent authority existed for the affixing of the rubber stamp in lieu of Keane's signature.”

Establishes the court's reasoning that the bank had apparent authority to use the rubber-stamp endorsement based on prior practice and the law of agency.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

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Facts & Procedural History

The law firm HARKAVY, MOXLEY & KEANE dissolved on January 1, 1971, with Keane leaving and the other two partners continuing as HARKAVY & MOXLEY. The f…

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Opinion of the Court
GRIMES, Judge.

GRIMES, Judge.

On January 1, 1971, the law firm of HARKAVY, MOXLEY & KEANE was dissolved. John Keane, the appellant here, left the firm, and Martin Harkavy and Charles Moxley continued to practice together under the name of HARKAVY & MOXLEY. Prior to the dissolution, the firm of HARKAVY, MOXLEY & KEANE maintained a business account at appellee Pan American Bank. The signature of any one of the three firm members was sufficient to deposit or withdraw funds. After the dissolution, the account was kept open for the purpose of depositing receivables of the former firm, though Keane said that he was not aware that the account was still open.

In May 1971, a check payable to “JOHN H. KEANE and CHARLES W. MOX-LEY” in the amount of $16,500.00 was received by Harkavy. The check represented partial payment for work done by the firm in the “Buhl matter.” The matter had not been concluded when the old firm was dissolved. Keane learned of the existence of the check in June 1971. In early August Harkavy instructed his bookkeeper to deposit the check in the HARKAVY, MOXLEY & KEANE account. The bookkeeper rubber-stamped the check “For Deposit Only HARKAVY, MOXLEY & KEANE 035-602”, and the bank deposited the proceeds in the HARKAVY, MOX-LEY & KEANE account. On August 24, 1971, Karkavy and Moxley withdrew $16,500.00 from the HARKAVY, MOX-LEY & KEANE account and deposited it in the HARKAVY & MOXLEY account.

Keane sued the bank and Moxley alleging conversion. Following a non-jury trial, the court entered judgment for defendants without 'making findings of fact or conclusions of law.

The judgment may be upheld on two grounds. First, it appears that while the old firm was in existence, checks payable to individual firm members were often endorsed by the rubber stamp and deposited into the firm account. Since an endorsement may be made by an agent1 and the agent’s authority may be actual, implied or apparent,2 there is sufficient evidence to support the conclusion that apparent authority existed for the affixing of the rubber stamp in lieu of Keane’s signature. At no time did Keane ever put the bank on notice that the practice of using the rubber stamp was no longer authorized.

The record further supports the defense predicated upon Fla.Stat. § 673.-419(3) (1971).3 There was expert testimony to the effect that under the circumstances the handling of the check in this manner was in accord with reasonable commercial standards. While the bank knew the firm had dissolved, it was logical for its account to be kept open for the purpose of depositing fees which were subsequently collected for services rendered by the old firm. Keane’s name remained as an authorized signatory, and the fact that the authorization to draw checks on the account was changed to require two signatures was not such as to dictate an inquiry into the propriety of processing this check in the same manner as similar checks in the past had been handled.

The question of who is entitled to the $16,500.00 represented by the Buhl check is a matter which must be resolved between the former law partners. We are advised that an accounting action is now pending for this purpose. Our decision in this case should not be construed as passing upon the merits of that controversy.

Affirmed.

McNULTY, C. J., and BOARDMAN, J., concur. . Fla.Stat. § 673.403 (1971).

. See Fla.Stat. § 671.201(43) (1971).

. “(3) Subject to the provisions of this code concerning restrictive indorsements a representative, including a depositary or collecting bank, who has in good faith and in accord-anee with the reasonable commercial standards applicable to the business of such representative dealt with an instrument or its proceeds on behalf of one who was not the true owner is not liable in conversion or otherwise to the true owner beyond the amount of any proceeds remaining in his hands.”


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …v. Yanow, 372 So. 2d 1126 (Fla. 4th DCA 1979); Dade County v. Florida Mining and Material Corp., 364 So. 2d 31 (Fla.3d DCA 1978); Siegel Trading Co., Inc. v. Coral Ridge National Bank, 328 So. 2d 476 (Fla. 4th DCA 1976); Keane v. Pan American Bank, 309 So. 2d 579 (Fla.2d DCA 1975); Robert A. Sullivan Construction Co., Inc. v. Wilton Manors National Bank, 290 So. 2d 561 (Fla. 4th DCA 1974); Messeroff v. Kantor, 261 So. 2d 553 (Fla.3d DCA 1972). See generally Murray, Commercial Law, 31 U.Miami L.Rev. 895, 916-…
  • …e usual business of the partnership and thus provided him with the implied authority, as a partner, to endorse Lund’s name on the check and to deposit the check in the jet account. See Minn. Stat.Ann. § 323.08; see, e.g., Keane v. Pan American Bank, 309 So. 2d 579, 581 (Fla.Ct.App.1975) (partners in law firm); Link v. First National Bank, 312 Ill.App. 502, 38 N.E. 2d 815, 818 (1942); Boyer v. First National Bank, 476 N.E. 2d 895, 900-01 (Ind.Ct.App.1985) (missing endorsement); Grosberg v. Michigan National Ba…

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