GARDNER LUMBER COMPANY, PLAINTIFF IN ERROR,
v.
BANK OF COMMERCE, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a directed verdict for a bank in a suit on promissory notes, finding that the defendant lumber company presented sufficient evidence of failure of consideration to warrant a jury trial.
Yes, it was error to direct a verdict for the plaintiff because the defendant presented substantial evidence of failure of consideration, which should have been submitted to the jury.
“As there was some substantial evidence tending to prove the issue of failure of consideration, [*247] the cause should have been submitted to the jury for their consideration; therefore it was error to direct a verdict for the plaintiff, for which error the judgment is reversed.”
Establishes the core reason for reversal: the existence of substantial evidence of failure of consideration required jury submission.
The Bank of Commerce sued the Gardner Lumber Company on two promissory notes. The lumber company pleaded failure of consideration. The trial court dir…
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Per Curiam.
The Bank of Commerce' brought an action against the Gardner Lumber Company, a copartnership on two 'promissory notes executed by the latter payable to the bank. Issue was joined on a plea of failure of consideration. At the trial the court directed a verdict for the plaintiff on which judgment was rendered and the defendants took writ of error. On the issue the plaintiff having-the general affirmative was entitled to open and conclude the presentation of the cause. As there was some substantial evidence tending to prove the issue of failure of consideration, the cause should have been submitted to the jury for their consideration; therefore it was error to direct a verdict for the plaintiff, for which error the judgment is reversed.
Browne, C. J., and Taylor, Whitfield and Ellis, JJ-, concur. Shackleford; J., took no part.
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Nell Gravette v. Turner, 77 Fla. 311 (Fla. 1919)…Smith Co., 55 Fla. 496, 46 South. Rep. 419; Bell v. Niles, 61 Fla. 114, 55 South. Rep. 392; Campbell v. McLaurin Investment Co., 74 Fla. 501, 77 South. Rep. 277; Gordon v. Lowe, 64 Fla. 81, 59 South. Rep. 861; Gardner Lumber Co. v. Bank of Commerce, 73 Fla. 246, 74 South. Rep. 313, 73 Fla. 504, 513. A directed verdict for the defendant is proper when the plaintiff wholly fails to prove the case alleged or when a defense is proven without contradiction. Pensacola, St. Andrews & Gulf S. S. Co. v. Austin, 63…
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City OF Fort Lauderdale v. Casino Realty, Inc., 313 So. 2d 649 (Fla. 1975)…nd close final argument rests upon the general principle of law that the party on whom rests the burden of proof is required to go forward with the evidence and in final argument is entitled to open and close. Gardner Lumber Co. v. Bank of Commerce, 73 Fla. 246, 74 So. 313 (1917) ; Einstein v. Munnerlyn, 32 Fla. 381, 13 So. 926 (1893). With respect to condemnation proceedings, courts of the various states are not in any way uniform oh this issue, partly because of the various constitutional and statutory p…
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Diaz v. State, 747 So. 2d 1021 (Fla. 3d DCA 1999)…ationale in civil cases where the plaintiff, who has the burden of proof, is allowed to open and close during final arguments. See City of Ft. Lauderdale v. Casino Realty, Inc., 313 So. 2d 649, 652 (Fla.1975); Gardner Lumber Co. v. Bank of Commerce, 73 Fla. 246, 74 So. 313 (1917); Einstein v. Munnerlyn, 32 Fla. 381, 13 So. 926 (1893). Second, Florida appellate courts have acknowledged that the purpose of our adversarial system is to enhance the search for truth. See Allstate Ins. Co. v. Boecher, 733 So. 2…
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