Wolfe v. State

Citations

• 76 Fla. 168

Syllabus

<p>Chapter 7263, Acts of 1917, provides in effect that whoever gives, makes or issues to another any -draft,, order or check in payment for ¡property, the title or possession of which shall have been transferred upon faith of payment of sucH draft, order or check, and shall not at the time of giving, making, issuing or presentation of such draft, order or check have, sufficient money on deposit with the drawee - to pay said draft, order or check, and does not' make restitution as stated in the Act, shall be deemed guilty of a felony. Such Statute is not violated when at the time of issuing and presentation of a check the drawer has to his credit in due' course as a depositor with the drawee bank sufficient money to pay the check, even though by arrangement with the bank presenting the check for payment in the forenoon the drawee bank had until 4 P. M. to adjust payment by clearances, and prior to 4 P. M. and before actual payment of the check, upon telegraphic advices that a -darft given to the drawee bank by the drawer of the check had been dishonored, the amount of the draft was charged to the drawer, thereby making his deposit insufficient to pay the. check.</p>