Gardner Lumber Co. v. Bank of Commerce

74 So. 313, 73 Fla. 246

Opinion

Per Curiam.

The Bank of Commerce' brought an action against the Gardner Lumber Company, a copartnership on two 'promissory notes executed by the latter payable to the bank. Issue was joined on a plea of failure of consideration. At the trial the court directed a verdict for the plaintiff on which judgment was rendered and the defendants took writ of error.

On the issue the plaintiff having- the general affirmative was entitled to open and conclude the presentation of the cause. As there was some substantial evidence tending to prove the issue of failure of consideration, the cause should have been submitted to the jury for their consideration; therefore it was error to direct a verdict for the plaintiff, for which error the judgment is reversed.

Browne, C. J., and Taylor, Whitfield and Ellis, JJ-, concur.

Shackleford; J., took no part.