E. D. LUNDY, APPELLANT,
v.
HETTIE HUNTER LUNDY, APPELLEE
E. D. LUNDY, APPELLANT,
HETTIE HUNTER LUNDY, APPELLEE
100 Fla. 1512
Florida Supreme Court (1930)
Caution
Also reported at: 131 So. 324
Cited by 43 cases
Opinion of the Court
The decree herein dismissing on the evidence a bill of complaint seeking the dissolution of the marriage relation on the ground of fraud upon the husband, a minor, who was unaware of his spouse’s condition at the marriage, is reversed.
Whitfield, P. J., and Strum and Buford, J. J., concur.
.Terrell, C. J., and Ellis and Brown, J. J., concur in the opinion and judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
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Marianna Lime Prods. Co. v. McKay, 109 Fla. 275 (Fla. 1933)…laintiff’s claim for damages by recouping his own damages that are alleged to have arisen by reason of plaintiff’s breach of another part of the same contract, whether the contract consists of one or several parts. Payne v. Nicholson, 100 Fla. 1459, 131 Sou. Rep. 324; Jarrett Lumber Co. v. Reese, 66 Fla. 137, 63 Sou. Rep. 581; Delco Light Co. v. Hutchinson Properties, 99 Fla. 410, 128 Sou. Rep. 831. A plea of recoupment implies that plaintiff has a cause of action, but asserts that defendant, too, has a counter…
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Allie v. Ionata, 503 So. 2d 1237 (Fla. 1987)…lsory counterclaim? Id. It is well established that the defense of recoupment may be asserted even though the underlying claim is barred by the applicable statute of limitations as an independent cause of action. Payne v. Nicholson, 100 Fla. 1459, 131 So. 324, 326 (1930). See also Beekner v. L.P. Kaufman, Inc., 145 Fla. 152, 198 So. 794 (1940) (upholding the right to raise the defense of usury when a lender sues on a usury-infected contract even though the claim of usury as an affirmative cause of action…
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Beach v. Great W. Bank, 692 So. 2d 146 (Fla. 1997)…he underlying claim is barred by the statute of limitations.” Willoughby v. Dowda & Fields, Chartered, 643 So. 2d 1098, 1099 (Fla. 5th DCA 1994) (on rehearing); see also Allie v. Ionata, 503 So. 2d 1237 (Fla.1987); Payne v. Nicholson, 100 Fla. 1459, 131 So. 324 (1930). Similarly, this principle informed the court in Dawe v. Merchants Mortgage & Trust Corp., 683 P. 2d 796 (Colo.1984),7 a case the Beaches and the dissent below rely upon. In Dawe, the Colorado Supreme Court held that the borrower’s demand fo…
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