BAKER COUNTY STATE BANK, A CORPORATION, PLAINTIFF IN ERROR,
v.
JOE JONES, JR., AS SHERIFF OF BAKER COUNTY, FLORIDA, AND EX-OFFICIO ADMINISTRATOR OF THE ESTATE OF T. R. HENDERSON, DECEASED, DEFENDANT IN ERROR
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Baker County State Bank sued the sheriff as administrator of a deceased promissory note maker's estate to recover on a joint and several note. The court reversed the trial court's dismissal, holding that when one of multiple joint and several obligors dies, a separate action may be brought against the deceased's personal representative for the deceased's individual liability.
The court held that a separate action may properly be brought against the personal representative of a deceased defendant for the several liability of that deceased defendant on a joint and several promissory note, and that the joint and several right of action survives the death of one obligor.
“Under the statute "Where an instrument containing the words 'I promise to pay' is signed by two or more persons, they are deemed to be jointly and severally liable thereon." Sec. 4691, par. 7, Revised General Statutes, 1920.”
Establishes the statutory basis for joint and several liability of multiple promissors
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Join FLexlaw to unlock all legal intelligenceBaker County State Bank held a promissory note dated April 5, 1920, made by I. R. Rhoden and T. R. Henderson for $8,483.00, payable to the bank. The n…
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Whitfield, P.
J.
On October 27, 1922, this action was brought by the payee bank against Joe Jones, Jr., sheriff and ex-officio administrator of the estate of T.
R. Henderson, one of the makers of the following promissory note: , “McClenny, Florida, April 5th, 1920. “$8,483.00 “May.5th, after date I promise to pay to the order of Baker County State Bank, McClenny, Florida, eight-thousand four-hundred and eighty-three dollars, at Baker County State Bank, McClenny, Florida, for value received, with interest at the rate of ten per cent per annum after maturity until paid. Together with an attorney fee of ten per cent if given after maturity to an attorney for collection.
I. R. RHODEN (Seal)
T.
R. HENDERSON (Seal)
No*.
3169.
Due May 5th, 1920.
Paid June 8th, 1920, $2,122.00 Paid Oct. 14th, 1920. 21.00 Paid March 15th, 1921. 82.49”
Pleas averring in substance that a prior action had been brought on the identical note against Rhoden and Henderson, that Henderson died pending the action and that, subsequently the action was dismissed, were sustained on demurrer; and plaintiff declining to join issue on the pleas or to file replications thereto, judgment for defendant was rendered and writ of error taken.
Under the statute “Where an instrument containing the words 'I promise to pay’ is signed by two or more persons, they are deemed to be jointly and severally liable thereon.” Sec. 4691, par. 7, Revised General Statutes, 1920. The liability on the note being joint and several, a joint action could have been joint against all or several against each of the promissors. A joint action against all having been brought and' one of the defendants having died, before judgment, the joint and several right of action surviving (Sec. 2571, Rev. Gen. Stats.), the action first brought could have been, by proceedings duly taken, (Sec. 2574, Rev. Gen. Stats.), continued against the surviving defendant on his several liability; and another action may properly be brought against the personal representative of the deceased defendant for the several liability of the deceased defendant.
Reversed.
West and Terrell, J. J., concur. Taylor, C. J., and Ellis and Browne, J. J., concur in the opinion.
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Quarngesser v. Appliance Buyers Credit Corp., 187 So. 2d 662 (Fla. 3d DCA 1966)…anics’ Bank v. Sample, 98 Fla. 759, 124 So. 49, 125 So. 1 (1929). If the liability of the two co-guarantors is joint and several, the judgment against one will not affect the independent liability of the other. Cf., Baker County State Bank v. Jones, 86 Fla. 484, 98 So. 592 (1924). When North Shore executed its promissory note in favor of the plaintiff, appellee, the note carried as a part thereof a guaranty of payment signed by Elwood Quarngesser and Thelma Quarngesser individually. By the express terms t…
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Corcoran v. Martin, 202 So. 2d 16 (Fla. 2d DCA 1967)…The Court also decided that the party could plead the negligence of his attorney in the case, and authorized the party to have the judgment, which he had obtained, set aside so he could start over again. In Baker County State Bank v. Jones, (1923) 86 Fla. 484, 98 So. 592, our Supreme Court held that where the liability of the two makers of a negotiable promissory note is joint and several, and after action is brought on the note against the two makers one of them dies, the right of action on the several…1 / 2