W. J. FOURAKER
v.
CITY OF JACKSONVILLE, AND WILLIAM B. SIMMONS, AS COMMISSIONER OF BUILDINGS, ALSO KNOWN AS INSPECTOR OF BUILDINGS, FOR SAID CITY
W. J. FOURAKER
CITY OF JACKSONVILLE, AND WILLIAM B. SIMMONS, AS COMMISSIONER OF BUILDINGS, ALSO KNOWN AS INSPECTOR OF BUILDINGS, FOR SAID CITY
136 Fla. 847
Florida Supreme Court (1939)
Positive Treatment
Also reported at: 187 So. 908
Cited by 2 cases
Opinion of the Court
— This cause coming on to be heard upon the transcript of the record and the briefs and oral argument of counsel,, and being duly considered by the Court, the Court is of the opinion that there is no error in the record, and it is considered, ordered and adjudged that the order of the court below quashing the alternative writ of mandamus and dismissing the cause, be and the same is hereby affirmed.
Affirmed.
Whitfield, P. J., and Brown and Chapman, J., concur.
Buford, J., concurs in the opinion and judgment.
Justices Terrell and Thomas 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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Chris Craft Indus., Inc. v. VAN Valkenberg, 267 So. 2d 642 (Fla. 1972)…at he was discharged because he was not furnished with notice of dishonor, it is without merit. The original note contains a waiver of protest and notice of protest which is deemed to be a waiver of presentment and notice of dishonor. Layton v. Orr, 136 Fla. 847, 187 So. 704 (1939). In addition, the written guaranty executed by Van Valkenberg is absolute and unconditional guarantee of payment. In such a guarantee, the creditor is not required to notify the guarantor of any dishonor. 38 Am.Jur.2d Guaranty,…