HAROLD M. WARREN, ET AL.,
v.
SEMINOLE BOND & MORTGAGE CO., ET AL.
HAROLD M. WARREN, ET AL.,
SEMINOLE BOND & MORTGAGE CO., ET AL.
112 Fla. 363
Florida Supreme Court (1933)
Positive Treatment
Also reported at: 151 So. 291
Cited by 10 cases
Opinion of the Court
In a suit, brought to foreclose a mortgage by the appellees against the appellants the defense of usury was interpos'ed in answer and in counter claim embraced in the answer.
The appellees were the original mortgagees.
The decree was in favor of the complainants.
We think the decree should be reversed on authority of the cases of McCullough v. Hill, 105 Fla. 680, 133 Sou. 846; Tucker v. Fouts, 73 Fla. 1215, 76 Sou. 130; Benson v. First *364Trust & Savings Bank, 105 Fla. 135, 142 Sou. 887. It is so ordered.
Reversed.
Davis, C. J., and Whitfield, Ellis arid Buford, J. J., concur.
Brown,, j., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fla. E. Coast Ry. Co. v. Rouse, 194 So. 2d 260 (Fla. 1966)…42 (1934). . Parker v. Town of Callahan, 115 Fla. 266, 156 So. 334; Town of Monticello v. Finlayson, 156 Fla. 568, 23 So. 2d 843. . Ellis v. State, 74 Fla. 215, 76 So. 698; Carlton, for Use of Duval County v. Fidelity and Deposit Co., 113 Fla. 63, 151 So. 291, 154 So. 317; Evans v. Hillsborough County, 135 Fla. 471, 186 So. 193; Mills v. Mills, 153 Fla. 746, 15 So. 2d 763; Henderson v. Antonacci, Fla.1952, 62 So. 2d 5; Greene v. Alexander Film Co., Fla.1953, 65 So. 2d 53; State v. McInnes, Fla.App.1961,…
-
Fid. & Deposit Co. of Md. v. Sholtz, 123 Fla. 837 (Fla. 1935)…to have been paid to Brown as Clerk of the Circuit Court and as Clerk of the Board of County Commissioners, and retained by him illegally. This is the second appearance of this cause here. Carlton v. Fidelity & Deposit Co. of Maryland, 113 Fla. 63, 151 Sou. 291. In the latter case we held that Brown’s compensation as Clerk of the Board of County Commissioners was a part of the maximum compensation allowed him under the law. When the mandate went down in the last cited cause the defendant applied for leave…1 / 2
-
Seaboard Coast Line R.R. Co. v. McKELVEY, 259 So. 2d 777 (Fla. 3d DCA 1972)…of the trial proceedings, that the appellant relied on the benefits of this statute and, therefore, should not now be heard to complain of its unconstitutionality. Carlton, for Use of Duval County v. Fidelity & Deposit Co. of Maryland, 113 Fla. 63, 151 So. 291, 154 So. 317; McNulty v. Blackburn, Fla.1949, 42 So. 2d 445; State ex rel. Watson v. Gray, Fla. 1950, 48 So. 2d 84. (2) Even if the matter had been presented to the trial court or was a proper matter for fundamental consideration by this court, this…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nannie C. Benson v. First Tr. & Sav. Bank, 105 Fla. 135 (Fla. 1931)
- McCullough v. Hill, 133 So. 846 (Fla. 1931)
- Tucker v. Fouts, 73 Fla. 1215 (Fla. 1917)