Opinion
Nos. 59-754, 59-755, 59-756.
June 23, 1960. Rehearing Denied August 19, 1960.
Appeal from Circuit Court, Dade County; John W. Prunty, Judge.
Blackwell, Walker Gray and Edward L. Magill, Miami, for appellants.
Broad Cassel, Miami Beach, and L.J. Cushman, Miami, for 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.
I respectfully dissent because I am of the opinion that there was a triable issue on a material matter on which the right to recover 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.