E. P. DUNCAN, AS LIQUIDATOR OF BANK OF CORAL GABLES, APPELLANT,
v.
ROGER EDWARD DAVIS, APPELLEE

Fla. | 1933-04-07
Davis, C. J., and Whitfield, Ellis, Terrell, Brown and Buford, J. J., concur.
109 Fla. 347 Florida Supreme Court (1933) Caution
Also reported at: 147 So. 690
Cited by 17 cases
Opinion of the Court
Per Curiam.

Per Curiam.

Appellee filed Bill in equity to have a certain sum of money which one Kenyon had paid to the Bank of Coral Gables for that Bank’s Cashier’s Check payable to a third person, and which check had been endorsed and assigned to appellee, the complainant below, decreed to be a preferred claim.

The final decree was in favor of complainant granting the relief prayed. Defendant Liquidator appealed.

The decree should be reversed on authority of the opinion and judgment in the case of Amos, Comptroller, et al., v. Baird, et al., 96 Fla. 181, 117 Sou. 789, and cases there cited. It is so ordered.

Reversed.

Davis, C. J., and Whitfield, Ellis, Terrell, Brown and Buford, J. J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (16 total)

  • Hough v. Menses, 95 So. 2d 410 (Fla. 1957)
    …ch defendants might plead and undertook to show them defective is not a fatal defect, if the complaint without such matter states a cause of action. On this point this Court in Moses v. Woodward, 109 Fla. 348, 140 So. 651, on page 653, 141 So. 117, 147 So. 690, adopted the following statement found in 49 C.J. 151: “ ‘If the pleading itself states a cause of action, the fact that it also attempts to negative or avoid a defense is not a fatal defect, but allegations made for this purpose are immaterial and…
  • Wise v. Ignatius C. Quina and Bertha N. Quina, 174 So. 2d 590 (Fla. 1st DCA 1965)
    …ase of their subdivision lots. Another exception to or clarification of the parol evidence rule that seems pertinent to the present inquiry was recognized by the Supreme Court of Florida in Moses v. Woodward, 109 Fla. 348, 140 So. 651, 141 So. 117, 147 So. 690 (1933), holding as follows: “The rule is well settled that an executory or parol agreement will not be permitted to abrogate or modify a written or sealed instrument, but this rule is not without its exceptions. A written contract or agreement may…
  • Adelaide v. Moses, 109 Fla. 348 (Fla. 1932)

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