E. G. CONN, APPELLANT,
v.
BOULEVARD NATIONAL BANK OF MIAMI, A NATIONAL BANKING CORPORATION, APPELLEE

Fla. 3d DCA | 1963-01-22
No. 62-332
Before CARROLL, BARKDULL and. HENDRY, JJ.
148 So. 2d 758 Florida District Court of Appeal, Third District (1963) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant endorsed a demand promissory note subsequent to execution and delivery at a time when the corporate maker [of which the appellant was the president] was behind in payments, and when certain; of the collateral securities securing the obligation had decreased materially in value. Under the terms of the note, the payee bank, had a right to demand “ * * * additional securities to the satisfaction of the Payee; * * * This right was exercised, and the appellant endorsed the note as an accommodation to the corporate maker.

*759No error is found in the entry of the final judgment, and same is hereby affirmed ■upon the authority of Furlong v. Leybourne, Fla.App.1962, 138 So.2d 352; 7 Am.Jur., Bills and Notes, § 243, 1962 Cumulative Supplement, page 133.

Affirmed.

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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…
  • 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…

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