Adequacy Of Consideration

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

• Williams v. Bailey
  69 Fla. 225· Fla.· 1915-02-23 ·cited 117×
  Williams and Hardee, attorneys for Mrs. Bailey, sued to enforce an alleged parol agreement whereby Mrs. Bailey would convey to them 200 acres of land in exchange for $300 and a quit-claim deed to 160 acres. The Florida Supreme Court affirmed the trial court's dismissal, holding t
• Rekant v. Desser
  425 F.2d 872· 5th Cir.· 1970-04-20 ·cited 76×
  A corporation has a federal cause of action under Section 10(b) and Rule 10b-5 when its officers and directors cause it to issue securities for grossly inadequate consideration to themselves or confederates, even if the perpetrators are also liable under state law.
• Bolles v. O'Brien
  63 Fla. 342· Fla.· 1912-01-01 ·cited 46×
  Bolles sought to cancel an equity partnership agreement with his attorney O'Brien, alleging the attorney had taken undue advantage of their fiduciary relationship. The Florida Supreme Court held that the agreement was unenforceable because O'Brien failed to fully disclose its con
• Bass v. Phoenix Seadrill/78, Ltd.
  749 F.2d 1154· 5th Cir.· 1985-01-10 ·cited 37×
  The court held that a district court cannot void portions of a seaman's settlement agreement based solely on perceived inadequacy of consideration or a general deterrent effect on other settlements, absent a showing of plain legal prejudice to non-settling parties or lack of info
• R. K. Cooper Constr. Co. v. Fulton
  216 So. 2d 11· Fla.· 1968-06-05 ·cited 36×
  The Florida Supreme Court held that a foreclosure sale price, though final for vesting title to the property, is not conclusive evidence of the property's value in a subsequent action on the note. A mortgagor may raise the inadequacy of the sale price as an equitable defense, req
• In re Cuyahoga Fin. Co. Lake Shore Fin. Corp. v. Weir
  136 F.2d 18· 6th Cir.· 1943-06-07 ·cited 36×
  In a Chapter 10 reorganization, the Bankruptcy Court has summary jurisdiction to determine set-offs against a pledgee creditor who is in possession of collateral, even if the creditor declines to file a claim.
• Pincus v. Am. Traffic Solutions, Inc.
  986 F.3d 1305· 11th Cir.· 2021-02-02 ·cited 34×
  The Eleventh Circuit certified questions of Florida statutory and common law interpretation to the Florida Supreme Court due to a lack of precedent and potential broad implications.
• Nelson v. Cravero Constructors, Inc.
  117 So. 2d 764· Fla. 3d DCA· 1960-02-11 ·cited 34×
  The court held that the appellants failed to establish a prima facie case of fraudulent conveyance, and the evidence was legally insufficient to support a decree in their favor.
• Sherman v. United States
  462 F.2d 577· 5th Cir.· 1972-07-17 ·cited 33×
  The court held that the trial court abused its discretion in denying the government's motion to amend the pretrial order to raise the valuation issue, and that the estate's obligation was supported by adequate consideration.
• Rossiter v. Vogel
  148 F.2d 292· 2d Cir.· 1945-03-29 ·cited 31×
  The court held that the trial court correctly found the 1926 assignment of copyright renewal rights invalid due to lack of consideration.
• Masterson v. Pergament
  203 F.2d 315· 6th Cir.· 1953-03-23 ·cited 30×
  The court held that the District Court erred in approving the settlement due to concealment, fraud, and inadequate consideration, and that the settlement should be set aside.
• German v. Carnegie-Illinois Steel Corp.
  169 F.2d 715· 3d Cir.· 1948-08-13 ·cited 26×
  The court held that the trial court did not err in refusing to give binding instructions for the defendant, properly submitted the issues to the jury, and the jury's verdict was supported by the evidence.
• In re Southland Supply, Inc. v. United States Small Bus. Admin.
  657 F.2d 1076· 9th Cir.· 1981-10-01 ·cited 24×
  The court held that the SBA's motion was properly treated as a motion for summary judgment, and that the SBA held a valid lien on the lawsuit settlement proceeds.
• Bellamy v. the Sheriff of Jackson Cnty.
  6 Fla. 62· Fla.· 1855-01-01 ·cited 24×
  The trust deed of November 1844 was valid between the parties and included the mortgaged slaves and land by virtue of the general language 'all his personal effects of every name, nature and description' and the reference to 'future cotton crops made on said plantation,' which ne
• Sioux Nation of Indians v. The United States
  601 F.2d 1157· Ct. Cl.· 1979-06-13 ·cited 22×
  The court's opinion, in part, misinterprets Lone Wolf v. Hitchcock, which does not establish that the acquisition of the Black Hills by the 1877 Act was not a taking requiring just compensation.
• Morton v. Cord Realty, Inc.
  677 So. 2d 1322· Fla. 4th DCA· 1996-07-31 ·cited 20×
  Michael Morton appeals an order in proceedings supplementary that set aside a transfer to him from a judgment debtor, Tradewinds Development Corporation. The appellate court reversed, holding that the trial court erred by placing the burden of proof solely on the non-appearing ju
• In re Xonics Photochemical, Inc.
  841 F.2d 198· 7th Cir.· 1988-03-08 ·cited 20×
  The court held that contingent liabilities must be discounted by their probability of occurrence when determining insolvency, and that Mitsui could not invoke fraudulent conveyance provisions on behalf of the debtor.
• Hernandez v. Commissioner OF Internal Revenue
  819 F.2d 1212· 1st Cir.· 1987-06-01 ·cited 20×
  Payments made to a church in exchange for specific services, set at fixed prices by the church, are not deductible as charitable contributions under Section 170 of the Internal Revenue Code because they represent quid pro quo transactions rather than gifts.
• Beltran v. Beverlee A. Myers
  701 F.2d 91· 9th Cir.· 1983-03-08 ·cited 20×
  The court held that California's 'transfer of assets' rule, as applied to medically needy applicants prior to July 1981, conflicted with federal Medicaid laws, specifically the comparability requirement.
• Commissioner OF Internal Revenue v. Transp. Mfg. & Equip. Co.
  478 F.2d 731· 8th Cir.· 1973-04-20 ·cited 20×
  The court affirmed the Tax Court's decision, holding that the Commissioner failed to properly notify the taxpayer of the legal theories used to assess a deficiency, and that the taxpayer failed to prove a debt was wholly worthless in the relevant year.
• Bayshore Royal Co. v. The Doran Jason Co. OF Tampa, Inc.
  480 So. 2d 651· Fla. 2d DCA· 1985-11-15 ·cited 19×
  Bayshore Royal Company appeals a summary judgment releasing it from a $44,000 brokerage commission obligation owed to The Doran Jason Company. The trial court struck down a contractual provision as an unlawful penalty, but the appellate court reverses, holding that the provision
• Wood v. Hammel
  132 Fla. 164· Fla.· 1937-10-28 ·cited 19×
  Ruth Wood sought specific performance of an alleged oral agreement by the decedent Anna Many to will Wood her entire $20,000 estate in exchange for personal care services. The Florida Supreme Court affirmed dismissal of the bill of complaint, holding that the consideration—servic
• Barrow v. William Bailey de bonis non of John Bellamy
  5 Fla. 9· Fla.· 1853-01-01 ·cited 19×
  A conveyance of all a debtor's property for a price substantially below fair market value, made by a debtor in financial distress to a relative with knowledge of the debtor's inability to pay existing creditors, constitutes constructive fraud against creditors even without proof
• Ferre v. City Nat'l Bank OF Miami
  548 So. 2d 701· Fla. 3d DCA· 1989-07-25 ·cited 17×
  The Ferres appeal a judgment finding fraudulent conveyances of $1,451,973.40 transferred from Maurice Ferre to his wife Mercedes between 1978 and 1988 in supplemental proceedings to enforce a creditor judgment. The appellate court affirmed, holding that fraudulent transfer action
• AC Assocs. v. First Nat'l Bank OF Fla.
  453 So. 2d 1121· Fla. 2d DCA· 1984-05-25 ·cited 16×
  This consolidated appeal addresses whether a 1959 reciprocal parking agreement between two adjacent commercial parcels could be judicially modified or cancelled based on changed circumstances. The court held that the parking restrictions remain valid and enforceable despite chang
• Mauro Evaristo Blanco v. Moran Shipping Co. & Sulphur Carriers Corp.
  483 F.2d 63· 5th Cir.· 1973-08-20 ·cited 16×
  The court held that the district court erred in granting summary judgment because a genuine issue of material fact existed regarding the adequacy of legal advice provided to the seaman concerning his release.
• Venice E., Inc. v. Manno
  186 So. 2d 71· Fla. 2d DCA· 1966-03-30 ·cited 16×
  Venice East and U.S. Land Development Corporation sought to void land and golf course conveyances to entities owned by former director Andrew Manno, arguing the transfers violated Florida's fraudulent conveyance statute. The court affirmed the trial court's refusal to set aside t
• M. Witmark & Sons v. Fred Fisher Music Co., Inc.
  125 F.2d 949· 2d Cir.· 1942-02-11 ·cited 16×
  A copyright holder may assign their expectancy of the renewal right, as the statute does not explicitly forbid such assignments.
• Plechner v. Widener Coll., Inc.
  569 F.2d 1250· 3d Cir.· 1977-12-28 ·cited 15×
  The court affirmed the district court's judgment, holding that the affiliation procedures were proper under Delaware law and that the plaintiffs were not entitled to a jury trial.
• Jacksonville Bulls Football, Ltd. v. Blatt
  535 So. 2d 626· Fla. 3d DCA· 1988-12-13 ·cited 14×
  Jacksonville Bulls Football appealed a trial court judgment that set aside three asset transfers and a consent judgment as fraudulent conveyances designed to hinder collection of a foreign judgment. The Florida appellate court reversed, holding that transfers for adequate cash co
• Pope v. Sav. Bank OF Puget Sound
  850 F.2d 1345· 9th Cir.· 1988-07-01 ·cited 14×
  The court held that the bank did not breach its fiduciary duty as an escrow agent and that the plaintiff waived her right to a jury trial on the contract claim. The court also affirmed the finding that the plaintiff's debt had been discharged, negating her wrongful disbursement c
• Mills v. The United States
  410 F.2d 1255· Ct. Cl.· 1969-05-16 ·cited 14×
  The court held that the plaintiffs failed to state a claim for cancellation of the deed, as the allegations of duress, misrepresentation, and inadequate consideration were insufficient to overcome the presumption of validity of the sale.
• Greer v. United States
  408 F.2d 631· 6th Cir.· 1969-03-21 ·cited 14×
  The court held that the taxpayer could not assign income from a horse racing interest to his grandsons without also assigning the income-producing property, and that an unborn foal does not qualify as property used in a trade or business for capital gains treatment.
• Gelfo v. Gelfo
  198 So. 2d 353· Fla. 3d DCA· 1967-05-02 ·cited 14×
  In a divorce proceeding, the trial court enforced a property settlement agreement between husband and wife while simultaneously granting alimony, despite the agreement's waiver clause. The appellate court affirmed, holding that courts retain discretion to reject unconscionable al
• SAN Rafael Compania Naviera, S.A. v. Am. Smelting & Ref. Co.
  327 F.2d 581· 9th Cir.· 1964-01-31 ·cited 14×
  The court held that Financiera's assignment of freights was invalid due to insufficient proof and lack of consideration, and that Asarco could not deduct strike-related expenses as Navandes' promise to pay was unsupported by consideration. The court also affirmed the denial of As
• McELROY v. Pegg
  167 F.2d 668· 10th Cir.· 1948-04-19 ·cited 14×
  The court held that a curative act of Congress validated a conveyance of restricted Indian land made without the Secretary of the Interior's approval, and that the prior guardianship order was void due to lack of personal service.
• Pincus v. Am. Traffic Solutions, Inc.
  333 So. 3d 1095· Fla.· 2022-02-03 ·cited 12×
  An unjust enrichment claim fails if the defendant provided adequate consideration for the benefit received, even if the fee charged was potentially prohibited by statute.
• The First Nat'l Bank OF Clearwater v. Brenton T. Morse, Jr.
  248 So. 2d 658· Fla. 2d DCA· 1971-05-07 ·cited 12×
  The court held that the postnuptial agreement was valid and binding, and that the wife's waiver of dower rights was effective.
• Dering v. Everette H. Williams in Bankruptcy of Eldon P. Dering
  378 F.2d 417· 9th Cir.· 1967-05-11 ·cited 12×
  The court held that transactions between brothers, viewed as security devices for loans, constituted a prohibited transfer of assets by an insolvent debtor within one year of bankruptcy.
• Bergeson v. Life Ins. Corp. OF Am.
  265 F.2d 227· 10th Cir.· 1959-03-16 ·cited 12×
  The court held that the first claim for breach of fiduciary duty failed because the corporation suffered no damage, but the second claim for stock issued without adequate consideration could proceed on a quasi-contract theory.
• Delia v. Commissioner OF Internal Revenue
  362 F.2d 400· 6th Cir.· 1966-06-22 ·cited 10×
  The court held that the petitioner was liable as a transferee for the corporation's unpaid income taxes, affirming the Tax Court's decision.
• United States v. Hickox
  356 F.2d 969· 5th Cir.· 1966-02-25 ·cited 10×
  The court held that the district court erred in granting a directed verdict for the defendants, as the government presented a prima facie case of fraudulent conveyances.
• Landers Frary & Clark v. Vischer Prods. Co.
  201 F.2d 319· 7th Cir.· 1953-01-22 ·cited 10×
  A creditor can maintain an action for declaratory judgment and coercive relief to set aside fraudulent transfers of assets, even if the debt is not yet due and before obtaining a judgment and execution.
• Stuart v. Alcoa S. S. Co.
  143 F.2d 178· 2d Cir.· 1944-06-07 ·cited 10×
  The court held that while the trial court correctly disregarded the release, the award for injuries was inadequate and should be increased.
• Smith v. Curtis
  19 Fla. 786· Fla.· 1883-01-01 ·cited 10×
  Martha Smith appealed a decree dismissing her bill in equity seeking to set aside a deed she made to Samuel Curtis. The Florida Supreme Court affirmed, holding that the deed was not procured by fraud or undue influence and was supported by adequate consideration (Curtis's agreeme
• Hannett v. Bryan
  640 So. 2d 203· Fla. 4th DCA· 1994-08-03 ·cited 8×
  John Hannett appeals a judgment requiring him to pay Gerald Bryan $339,563.15 for Bryan's share of syndication fees under a 1972 written assignment agreement. The court held that the five-year statute of limitations for written contracts did not bar Bryan's claim because the caus
• Clift C. Lane v. Peterson
  851 F.2d 193· 8th Cir.· 1988-06-30 ·cited 8×
  The court affirmed the district court's judgment denying the Lanes' claims for a constructive trust and the Panelists' cross-appeal for Rule 11 sanctions.
• Colonial Leasing OF NEW England, Inc. v. Logistics Control Int'l
  770 F.2d 479· 5th Cir.· 1985-09-09 ·cited 8×
  The court held that a new trial should encompass all issues essential to establishing a claim under the Texas Fraudulent Transfer Act, not just the plaintiff's creditor status, due to the interwoven nature of the issues.
• Grbac v. Reading Fair Co.
  688 F.2d 215· 3d Cir.· 1982-09-14 ·cited 8×
  A pre-death release signed by an individual bars a subsequent wrongful death action brought on behalf of his widow and children under Pennsylvania law.
• Fehrs v. The United States
  620 F.2d 255· Ct. Cl.· 1980-04-16 ·cited 8×
  The court held that the transfer of stock for annuities was in part a gift because the value of the stock exceeded the value of the annuities received, and the transaction was intra-family, lacking arm's-length business purpose.