DAISY CONCEPCION, APPELLANT,
v.
MAXIMINO TOJEIRO AND NORMA TOJEIRO, APPELLEES

Fla. 3d DCA | 1984-10-09
No. 84-421
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.
457 So. 2d 553 Florida District Court of Appeal, Third District (1984) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Where a note is made payable to two or more payees in the conjunctive, payment made to only one of the payees does not discharge the maker’s obligations under the note. § 673.116, Fla.Stat. (1983).1 In the instant case the note was made payable to the appellant and a co-payee and payment by the Tojeiros was made only to the co-payee. Appellant did not give the co-payee authority to accept payment on her behalf and no such authority will be implied from a close relationship between the appellant and the co-payee. Glasser v. Columbia Federal Savings & Loan Association of Miami Shores, 197 So. 2d 6 (Fla.1967).

The judgment below is therefore reversed and the case remanded with directions that judgment be entered for the appellant, plaintiff below.

Reversed and remanded with directions.

. Section 673.116, Florida Statutes (1983), provides as follows:

Instruments payable to two or more persons. — An instrument payable to the order of two or more persons:
(1) If in the alternative is payable to any one of them and may be negotiated, discharged or enforced by any of them who has possession of it;

(2) If not in the alternative is payable to all of them and may be negotiated, discharged or enforced only by all of them.


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