Shiver v. Tosohatchee Ranch Co.

85 So. 686, 80 Fla. 169

Opinion

Per Curiam.

In an action on a promissory note pleas setting up a novation of which the plaintiff had notice and other defenses were overruled on demurrer and judgment for the plaintiff rendered.

On writ of error it appears that a defense may be proven under the pleas and that the judgment should be, and is, reversed.

Browne, C. J., and Taylor, Whitfield, Ellis and West, J. J., concur.