Accommodation Endorser

27 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Krepps
  605 F.2d 101· 3d Cir.· 1979-08-24 ·cited 60×
  A bank officer violates 18 U.S.C. § 656 by willfully misapplying bank funds to obtain a loan for himself through an intermediary, even if the intermediary is capable of repayment and aware of their obligation.
• Consol. Naval Stores Co. v. Wilson
  82 Fla. 396· Fla.· 1921-11-23 ·cited 38×
  In this naval stores transaction, the Florida Supreme Court reversed a directed verdict against an endorser who challenged the plaintiff creditor's release of mortgage collateral without his consent. The court held that when a debtor directs application of sale proceeds to his ge
• Thunderbird, Ltd. v. Great Am. Ins. Co.
  566 So. 2d 1296· Fla. 1st DCA· 1990-06-18 ·cited 37×
  Great American Insurance Company foreclosed on mortgages held by Thunderbird, Ltd. and sought deficiency judgment against guarantors (the Wilsons and Brownings). The court addressed whether foreclosure proceeds should be applied pro rata among three notes or first to the non-guar
• Clark v. United Grocery Co.
  69 Fla. 624· Fla.· 1915-05-18 ·cited 37×
  The Florida Supreme Court affirmed a judgment for the United Grocery Company against W. T. Clark on promissory notes endorsed by Clark. The court held that Clark's endorsement constituted a valid contract of guaranty, that the endorser's liability was not relieved by informal pay
• United States v. Am. Nat'l Bank OF Jacksonville & Title & Tr. Co. of Fla.
  255 F.2d 504· 5th Cir.· 1958-05-26 ·cited 29×
  A mortgage's dragnet clause, even with a jointly and severally liable provision, does not secure obligations of a partnership or an individual acting as endorser or guarantor, unless explicitly stated.
• Evans v. Hydeman
  168 So. 2d 183· Fla. 2d DCA· 1964-08-26 ·cited 20×
  Luther Evans obtained a default judgment against eleven plaintiffs for failure to respond to his counterclaim, but the trial court vacated that judgment. Evans sought writs of mandamus and certiorari challenging the vacation order. The appellate court affirmed the trial court's d
• Aulick v. Flournoy L. Largent
  295 F.2d 41· 4th Cir.· 1961-10-02 ·cited 20×
  The court held that the transfer of stock to Lemley to secure his endorsement of Aulick's note was supported by present consideration and not a voidable preference, except for the $3,000 antecedent debt. However, Aulick received a voidable preference because Lemley's payment to h
• Indian Lumber Co. v. Roux
  106 Fla. 77· Fla.· 1932-07-06 ·cited 19×
  Indian Lumber Company and its endorsers challenged a judgment in favor of E.T. Roux on a negotiable promissory note. The Florida Supreme Court reversed, holding that the trial court improperly sustained demurrers to certain pleas that, if admitted, would have provided valid defen
• Baumeister v. Kuntz
  53 Fla. 340· Fla.· 1907-01-01 ·cited 12×
  In this 1907 Florida case, the court affirmed judgment against an endorser of promissory notes who endorsed in blank before delivery to give credit to the corporate maker. The court held that an endorser's waiver of presentment may be implied from the circumstances and conduct of
• George Clower in Bankr. of the Est. of Sinton Plumbing & Supply Co., Inc. v. First State Bank OF SAN Diego
  343 F.2d 808· 5th Cir.· 1965-04-15 ·cited 11×
  The court held that a creditor's reliance on a solvent accommodation endorser does not relieve them of the duty to inquire into the debtor's solvency when circumstances suggest insolvency.
• Beardmore v. Abbott
  218 So. 2d 807· Fla. 3d DCA· 1969-02-11 ·cited 8×
  The court affirmed a summary judgment for the plaintiff, an accommodation endorser, who sought indemnification from the defendant for a defaulted promissory note used to finance the first year's insurance premium.
• Harby Moses v. John T. Gilchrist and Son
  14 Fla. 325· Fla.· 1873-04-01 ·cited 6×
  In this action on a promissory note, the surviving partner of a mercantile firm sued the original makers and an endorser to recover on a note held as collateral security for pre-existing acceptances. The central dispute was whether the endorser, Sammis, remained liable given that
• S. K. S. Holding Co. v. Agnew
  106 Fla. 830· Fla.· 1932-09-28 ·cited 5×
  The Florida Supreme Court reversed a directed verdict for the defendant in a promissory note action, holding that the presumption of delivery under statute was sufficient to support an inference of delivery after endorsement, even against a motion for directed verdict.
• Guild v. Meredith Vill. Sav. Bank
  639 F.2d 25· 1st Cir.· 1980-12-22 ·cited 2×
  The expiration of the statute of limitations on a demand note does not extinguish the creditor's right to foreclose on collateral pledged by a third party, and periodic interest payments toll the statute.
• PAN Am. Bank OF Tampa v. Eve R. Sullivan
  375 So. 2d 338· Fla. 4th DCA· 1979-09-12 ·cited 2×
  Pan American Bank sued an accommodation endorser on a promissory note for an unpaid loan. The trial court granted summary judgment for the defendant based on defenses of federal banking law illegality and lack of consideration. The appellate court reversed, holding that a defenda
• Cent. Bank & Tr. Co. v. Meltzer
  145 So. 2d 766· Fla. 3d DCA· 1962-10-23 ·cited 2×
  The court held that an accommodation endorser of a promissory note is not relieved of liability by the bank's failure to apply the maker's deposited funds against the note, even though the bank had the right to do so.
• Friedberg v. McGILL
  506 So. 2d 84· Fla. 1st DCA· 1987-04-30
  Friedberg, a New York resident and guarantor of a promissory note, appealed a denial of his motion to dismiss a cross-claim for lack of jurisdiction filed by the note's makers. The court reversed, holding that a cross-claim seeking indemnification from a guarantor requires a sepa
• In re Millard Kennedy and Glenwodyne B. Kennedy v. Millard Kennedy and Glenwodyne B. Kennedy
  806 F.2d 1014· 11th Cir.· 1986-12-29
  A creditor's failure to provide notice of collateral sale under O.C.G.A. § 11-9-504(3) bars recovery of any deficiency, even when the debt is secured by both personal and real property.
• COX v. Maston G. O'Neal, Jr.
  364 So. 2d 528· Fla. 3d DCA· 1978-11-21
  The court held that the plaintiff was not a general partner subject to losses, as the evidence supported the trial judge's factual finding that the plaintiff's role was specially recognized as immune from liability.
• Ingham v. Price
  332 So. 2d 646· Fla. 3d DCA· 1976-05-25
• McCORMACK v. Woodbury
  277 So. 2d 293· Fla. 1st DCA· 1973-05-10
  The court affirmed the trial court's judgment that an alleged oral agreement to purchase pledged corporate stock was unenforceable under the statute of frauds, leaving the accommodation endorser entitled to recover on the promissory note.
• The Bank OF Pasco Cnty. v. Ballard Beasley and Mary M. Beasley
  256 So. 2d 23· Fla. 2d DCA· 1971-12-17
  The Bank of Pasco County appealed a summary judgment for conversion based on failure to give notice of sale under an outdated statute. The appellate court reversed, holding that the sale was governed by the Florida Uniform Commercial Code, not the repealed statute cited by the tr
• Hicks v. Gibbs Corp.
  20 Fla. Supp. 79· Duval Cty. Cir. Ct.· 1962-06-19
  In this mortgage foreclosure case, the Duval County Circuit Court entered a final decree of foreclosure against Gibbs Corporation and its principal shareholder George W. Gibbs, Jr., and subsequently confirmed the judicial sale and awarded a substantial deficiency judgment. The co
• Keresey v. NEW Milford Tractor Corp.
  234 F.2d 894· 2d Cir.· 1956-06-18
  The court held that the trial judge's jury instructions were proper and that the defendant La Grotta's requested instructions were correctly refused. The jury's verdict, which rejected La Grotta's defenses, was supported by the evidence.
• Boyd v. City State Bank
  210 F.2d 161· 10th Cir.· 1954-02-03
  The court held that the trial court correctly denied the motion to dismiss for lack of diversity and correctly directed a verdict for the bank, as the maker of the check was liable to the bank as a holder for value, even if he was an accommodation party.
• Gargill v. Am. Guar. Corp.
  200 F.2d 606· 1st Cir.· 1953-01-02
  The court held that the bankrupt corporation's payments on the note were not ultra vires, as the loan was for the corporation's benefit to discharge its own debts.
• Solomon Cohen v. L'Engle
  29 Fla. 655· Fla.· 1892-01-01
  Cohen appealed a judgment in assumpsit for five promissory notes endorsed to the bank. The Florida Supreme Court reversed because the trial court erred in refusing to allow the defendant to show that payments made by the assignee of the maker's estate should have been credited pr