H. R. EATON
v.
R. A. GRAVES

Fla. | 1940-10-11
Terrell, C. J., and Buford and Thomas, J. J., concur., Brown, J., concurs in opinion and judgment., Justices Whitfield and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
144 Fla. 569 Florida Supreme Court (1940)
Also reported at: 198 So. 202

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Synopsis

The Florida Supreme Court affirmed a lower court's judgment, upholding the validity of fourteen promissory notes and a transaction challenged for usury. The court found no error in the chancellor's rulings after reviewing the presented questions.


Holding

The court held that the chancellor did not commit error in his rulings. The arguments regarding the insufficiency of the answer, improper acceleration of notes, and usury were not sufficiently demonstrated to warrant reversal.


Key Quotes

“We have examined these questions and it is not shown that the chancellor committed error.”

This quote establishes the court's conclusion after reviewing the appellant's arguments.

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Facts & Procedural History

The complainant filed a bill to cancel fourteen promissory notes. The defendant filed an answer, and the complainant's subsequent motion to dismiss an…

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Topics

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Opinion of the Court
Per Curiam.

*570Per Curiam.

Appellant as complainant filed his bill of complaint to cancel fourteen promissory notes and for other relief. An answer was filed to certain portions of the bill of complaint which was tested by a motion to dismiss and a motion to strike as to that part seeking affirmative relief. Both motions were overruled. Testimony was taken and a final decree was entered for defendant for attorneys’ fees and for judgment on the notes. From this judgment, the present appeal was prosecuted.

It is urged here that the answer was insufficient, that some of the notes were improperly accelerated, and that the transaction' was infected with usury.

We have examined these questions and it is not shown that the chancellor committed error. We cannot see that a discussion of them would serve any useful purpose so the judgment appealed from is affirmed.

Affirmed.

Terrell, C. J., and Buford and Thomas, J. J., concur.

Brown, J., concurs in opinion and judgment.

Justices Whitfield and Chapman not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.


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