HomeMy WebLinkAbout2079 1978, Sun Bank called Mr. Conners of HILP and advised that
Plaintiff was at its bank,. trying to get a cashier's check, Mr.
Conners then went to Sun Bank and gave a written order to stop
payment on this check.
On March 2, 1978, Robert C. Amann hand delivered this
check to Mr. Mueller, Plaintiff's president. Mr. Amann at that
time advised Mr. Mueller not to deposit this check immediately,
as funds had to be transferred by HILP from a savings and loan
association to Sun Bank, and asked that the check be held for
a few hours. At this time, Mr. Amann also told Mr. Mueller he
was going to West Palm Beach to talk with a bankruptcy attorney
concerning the possibility of reorganization for a corporation
owned by Mr. Amann. Mr. Mueller knew that this corporation was
a wholly owned subsidiary of Ologistics. Mr. Mueller kept this
check on his desk for a couple of hours and then called Sun Bank,
the drawee of the check, to determine if the check was good.
Sun Bank advised Mr. Mueller that payment had been stopped. Mr.
Mueller then hand delivered-this check to Sun Bank for collection,
and the check was marked "stop payment".
Plaintiff's bank statement issued to Ologistics shows
that on March 2, 1978, the $233,068 check was credited to the
account of Ologistics, and on the same day, was debited in the
same amount to Ologistics. (P-9) Not even a $59.60 overdraft
which was shown on this statement was cancelled by this check,
and the two promissory notes which are the subject of this action
were never marked cancelled by Plaintiff. No checks were ever
c
drawn as a result of this deposit, and Plaintiff never changed
its position and never lost any money because of the delivery of
this check.
~ The primary issue is whether Plaintiff was a holder in
due course of the $233,068 check and whether Plaintiff took this
check for value. All of the statutory requirements to constitute
a holder in due course were met except. that Plaintiff did not
take this check for value as defined under Florida Statute 673.303.
Plaintiff claims it acquired a security interest in or a lien on
the check, or that it took the check in payment of or as security
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