Sunny South Packing Co. v. Parker Bros.

Supreme Court of Florida

Sunny South Packing Co. v. Parker Bros.

189 So. 232, 138 Fla. 285, 1939 Fla. LEXIS 1397

DecidedMay 23, 1939

StatusPublished

This text of 189 So. 232 (Sunny South Packing Co. v. Parker Bros.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sunny South Packing Co. v. Parker Bros., 189 So. 232, 138 Fla. 285, 1939 Fla. LEXIS 1397 (Fla. 1939).

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Opinion

Per Curiam. —

In a suit by the plaintiff corporation, assignee of the mortgages, to enforce a mortgage for $5,500.00, a defense was interposed that in compromise settlement with the creditors of the mortgagor corporation on a basis of 25 °/0 of amounts due such creditors, a note for $1,965.59 was given in adjustment of the mortgage debt represented by the notes for $5,500.00,’but the noter for $5,500.00 and the note for $1,963.39 were in the possession of the assignee of the mortgagees who claimed the larger amount as due.

Upon pleadings and the evidence, the Chancellor found that the assignee of the mortgagees was bound by the adjustment of the $5,500.00 debt for $1,963.39, and there is nothing in the record to justify a reversal-of the decree for plaintiff predicated upon the lesser amount with reasonable attorney fees and costs. No material, if any, error of law or of procedure is made to’ appear.

Affirmed.

Terrell, C. J., and Wi-iitfield, Brown, Buford, Chapman and Thomas, J. J., concur.

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Per Curiam. —

In a suit by the plaintiff corporation, assignee of the mortgages, to enforce a mortgage for $5,500.00, a defense was interposed that in compromise settlement with the creditors of the mortgagor corporation on a basis of 25 °/0 of amounts due such creditors, a note for $1,965.59 was given in adjustment of the mortgage debt represented by the notes for $5,500.00,’but the noter for $5,500.00 and the note for $1,963.39 were in the possession of the assignee of the mortgagees who claimed the larger amount as due.

Upon pleadings and the evidence, the Chancellor found that the assignee of the mortgagees was bound by the adjustment of the $5,500.00 debt for $1,963.39, and there is nothing in the record to justify a reversal-of the decree for plaintiff predicated upon the lesser amount with reasonable attorney fees and costs. No material, if any, error of law or of procedure is made to’ appear.

Affirmed.

Terrell, C. J., and Wi-iitfield, Brown, Buford, Chapman and Thomas, J. J., concur.

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Bluebook (online)

189 So. 232, 138 Fla. 285, 1939 Fla. LEXIS 1397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sunny-south-packing-co-v-parker-bros-fla-1939.