BOYNTON METALCRAFT, INC., APPELLANT,
v.
E. H. HARGRAVES AND ROSELEE A. HARGRAVES, APPELLEES
BOYNTON METALCRAFT, INC., APPELLANT,
E. H. HARGRAVES AND ROSELEE A. HARGRAVES, APPELLEES
148 So. 2d 758
Florida District Court of Appeal, Second District (1963)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Affirmed.
Appellant has filed a motion to strike ap-pellees’ brief. Upon consideration, it is the opinion of the court that the motion should be, and the same is hereby denied.
SHANNON, C. J., and ALLEN and WHITE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miami Nat'l Bank v. Fink, 174 So. 2d 38 (Fla. 3d DCA 1965)…tional delivery of the guaranty. See: 38 C.J.S. Guaranty § 21; Sterns, Law of Sur-etyship (5th ed. 1951) § 2.9. (b) Alteration in the original obligation without consent of the guarantor. See: Conn v. Boulevard National Bank of Miami, Fla.App.1963, 148 So. 2d 758; 30 Fla.Jur., Suretyship and Guaranty, § 34; 24 Am.Jur, Guaranty, § 81; 50 Am.Jur, Suretyship, § 55. (c) Failure of the creditor bank to take due care to secure the accounts receivable, which were to be the primary collateral for the loan. See: Sta…
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Ebeling v. Lowry, 203 So. 2d 506 (Fla. 4th DCA 1967)…1963, which states: « }jc “Where an instrument is issued, accepted or indorsed when overdue, it is, as regards the person so issuing, accepting or indorsing it, payable on demand.” See also Conn v. Boulevard National Bank of Miami, Fla.App. 1963, 148 So. 2d 758, where the defendant had endorsed a note at a time when the maker was behind on its payment. Defendant was considered an accommodation party and judgment against him affirmed, the opinion citing Furlong v. Leybourne, supra. For the foregoing reason…