Radionoff v. First National Bank of Miami Springs
Radionoff v. First National Bank of Miami Springs
Opinion of the Court
Appellant-plaintiff, as Trustee in Bankruptcy for South Florida Auto Auction, Inc., brought an action in three counts against appellee banks alleging: (1) breach of an oral contract by Curtiss Bank [now known as First National Bank of Miami Springs]; (2) malicious interference with an advantageous business relationship
The alleged oral contract between the bankrupt’s President, Mr. Cranson, and the then President of Curtiss Bank, Mr. Lead
The arrangement existed for some six months when management of Curtiss Bank changed hands.
We have carefully considered all the points raised by appellant and have found them to be without merit and without need for comment, save one.
Appellant contends error on behalf of the trial judge in directing a verdict for appellee Curtiss Bank on the first count of its complaint for breach of the oral agreement aforementioned. We have carefully considered the record, briefs and arguments of counsel in this regard and are of the opinion that the action of the trial judge was eminently correct on this issue.
From the record, there does not appear sufficient evidence concerning this arrangement to allow the issue to go to the jury. The only testimony as to the terms of the arrangement was by the then President of the Curtiss Bank who stated that his understanding of the agreement was that the credit amount of drafts not cleared would be either “a little ahead or a little behind” the clearing of the deposits. Moreover, the testimony reflected Mr. Leader’s belief that the arrangement could be terminated at any time if it became too “risky” for the Bank.
We must note, in addition, that the amount of credit extended to the Bankrupt by this system exceeded the legal loan limit for the Bank under Federal law.
Therefore, for the reasons stated, the orders and judgment appealed from are hereby affirmed.
Affirmed.
. The relationship allegedly interfered with was the alleged oral contract referred to in Count I.
. Initially, 500 per item and later raised to 750 per item.
. New management consisted of Mr. Broad who acquired the services of a Mr. Hughes on loan from First National Bank of Miami. These acts of Mr. Hughes were allegedly imputed to First National Bank of Miami and formed the basis for Count II of the complaint.
. These acts formed the basis for Count III to recover the preferential payments taken by the Bank.
. See, 12 U.S.C.A. § 84.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.