Adequacy Of Consideration

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

• Cundick v. Broadbent
  383 F.2d 157· 10th Cir.· 1967-09-14 ·cited 8×
  The court should reverse the trial court's decision because the evidence does not support the finding of mental competency and the transaction involved gross inadequacy of consideration.
• Campbell v. Garl Owen
  132 So. 2d 212· Fla. 2d DCA· 1961-07-21 ·cited 8×
  A surviving husband sought to rescind instruments under which he had relinquished his interest in his deceased wife's estate to her daughter, claiming he executed them without adequate consideration and under misapprehension of his legal rights due to wrongful withholding of info
• United Towing Co. v. Phillips
  242 F.2d 627· 5th Cir.· 1957-04-05 ·cited 8×
  A transfer of stock by an insolvent corporation to another corporation with common directors, for inadequate consideration and with intent to defraud creditors, is void as a fraudulent conveyance under state law and the Bankruptcy Act.
• Brooks v. Utah Power & Light Co.
  151 F.2d 514· 10th Cir.· 1945-10-22 ·cited 8×
  The court held that there was no genuine dispute as to material facts concerning the plaintiffs' right to cancel the contract with City Lines, despite allegations of fraud and inadequate consideration against other defendants.
• Enochs v. Smith
  359 F.2d 924· 5th Cir.· 1966-04-13 ·cited 6×
  The court held that the Smiths were 'purchasers' under Section 6323(a) because they acquired the property for valuable consideration, even if not adequate, and thus were protected from the federal tax lien.
• Lamson v. Martin
  104 So. 2d 117· Fla. 2d DCA· 1958-06-27 ·cited 6×
  Rose Lamson, as curator of an incompetent's estate, appealed from a decree dismissing her suit to cancel a deed and contract executed by Margaret J. Wimmer to G. H. Martin and Buckeye Holding Company. The trial court found that Lamson failed to prove by a preponderance of the evi
• HAY v. Wanner
  204 F.2d 355· 5th Cir.· 1953-05-15 ·cited 6×
  Conveyances of Florida homestead property through a third party to a husband and wife as tenants by the entirety are valid against the children if made in good faith for adequate consideration.
• Greene Cnty. Nat. Farm Loan Ass'n v. Fed. Land Bank of Louisville
  152 F.2d 215· 6th Cir.· 1945-12-13 ·cited 6×
  The court held that the bank had the authority to implement its plan to rehabilitate distressed associations, as it was an exercise of honest business judgment in furtherance of a public purpose, and judicial interference was unwarranted absent fraud or clear statutory violation.
• United States Fid. & Guar. Co. v. Mills
  146 F.2d 694· 4th Cir.· 1944-12-18 ·cited 6×
  Parol evidence is admissible to establish a resulting trust, even if it contradicts the deed, to show that a conveyance was not fraudulent as to creditors.
• Bedser v. Horton Motor Lines, Inc.
  122 F.2d 406· 4th Cir.· 1941-08-26 ·cited 6×
  The court held that the trial judge erred in limiting the jury's consideration solely to fraud and in refusing to instruct the jury on imposition and undue influence, as these factors, along with the adequacy of consideration, are relevant to the validity of a release.
• Suzmar, LLC v. First Nat'l Bank of S. Miami
  388 So. 3d 852· Fla. 3d DCA· 2023-08-30 ·cited 5×
  Florida law does not impose a duty on banks to refrain from negligent lending absent a fiduciary relationship, and Bank Secrecy Act know-your-customer requirements do not create a private right of action owed to customers. An unjust enrichment claim fails where adequate considera
• United States v. Sternberg (In Re Sternberg)
  229 B.R. 238· S.D. Fla.· 1998-11-12 ·cited 5×
  The Court of Appeals reversed the Bankruptcy Court's order, finding that the debtor's transfer of assets to his wife was a willful attempt to evade taxes, making the debt nondischargeable.
• Johnson Lumber & Supply Co., Inc. v. Byron
  113 So. 2d 577· Fla. 2d DCA· 1959-07-01 ·cited 5×
  A materialman's dispute over whether a discount taken on a note and mortgage assigned by a contractor should reduce the materialman's mechanics' lien claim. The court held that the discount was a separate transaction and does not reduce the lien amount, but affirmed the lower cou
• Cupeiro v. Baron
  555 So. 2d 370· Fla. 3d DCA· 1989-10-10 ·cited 4×
  The court held that an attorney-client transaction must be subject to close scrutiny and requires clear and convincing evidence of fairness and adequate consideration, which was lacking here.
• Criss v. Davis, Presser & LaFAYE, P.A.
  494 So. 2d 525· Fla. 1st DCA· 1986-09-23 ·cited 4×
  Kenneth Criss appeals a judgment enforcing a noncompete covenant in his employment contract with an accounting firm, arguing the required damages payment is an unenforceable penalty. The Florida appellate court affirmed, holding the covenant reasonable and supported by adequate c
• In re Reliable Mfg. Corp. v. Leigh
  703 F.2d 996· 7th Cir.· 1983-03-18 ·cited 4×
  The court held that a security interest is enforceable under UCC § 9-203 even if value flows to a third party, and that a corporate guarantee is not invalid under Delaware § 160 if capital is not impaired at the time of execution and the policies of the statute are not implicated
• Giblin v. Beeler
  396 F.2d 584· 10th Cir.· 1968-06-20 ·cited 4×
  The court held that the trial court erred in granting judgments notwithstanding the verdict for the plaintiff on Note 2 and Note 5, and that the jury's verdicts on these notes should be reinstated.
• Reed v. Rheem Mfg. Co. & Emp'rs Mut. Liab. Ins. Co. of Wis.
  364 F.2d 810· 5th Cir.· 1966-07-26 ·cited 4×
  The court held that the release of one alleged joint tortfeasor does not discharge others if there is no proof of joint liability, and the burden is on the movant for summary judgment to establish such liability.
• Hutcheson v. Frito-Lay, Inc.
  315 F.2d 818· 8th Cir.· 1963-04-17 ·cited 4×
  The court held that summary judgment was proper for the husband's claim but that there was a genuine issue of material fact regarding consideration for the wife's release.
• First Fed. Sav. & Loan Ass'n of Bremerton v. United States
  295 F.2d 481· 9th Cir.· 1961-10-17 ·cited 4×
  The court affirmed the lower court's judgment because the issue of inadequate consideration was not properly raised or defined in the pretrial order.
• Vasquez v. Simms
  75 So. 2d 783· Fla.· 1954-11-16 ·cited 4×
  In this personal injury case arising from a bicycle-automobile collision, the jury returned a verdict for the defendant. The plaintiff appealed, challenging the trial court's requirement that he prove the defendant had knowledge of his alleged mental incompetency at the time of s
• Benas v. Maher
  128 F.2d 247· 8th Cir.· 1942-05-19 ·cited 4×
  The court held that a tax sale conducted without adhering to the procedural requirements of the applicable 1939 Missouri statute was void, and that the purchaser's inequitable conduct barred equitable relief.
• Jordan v. Growney
  416 So. 2d 24· Fla. 4th DCA· 1982-06-23 ·cited 3×
  The Fourth District Court of Appeal reversed a quiet title judgment in favor of Margaret Growney, an attorney, because she failed to meet her burden as a fiduciary to demonstrate that a property conveyance from her clients (her uncles-by-marriage) was fair and made with adequate
• Constr. Interior Sys., Inc. v. Marriott Fam. Rests., Inc.
  984 F.2d 749· 6th Cir.· 1993-01-29 ·cited 2×
  The dissenting judge holds that the contract language is ambiguous, entitling CIS to damages for not being allowed to bid on projects.
• George A. & Ruth Davis v. Am. Commercial Lines, Inc.
  823 F.2d 1006· 6th Cir.· 1987-07-24 ·cited 2×
  The court held that the district court erred in granting summary judgment because genuine issues of material fact existed regarding the validity of the seaman's release.
• Est. of James R. Lowe v. Commissioner OF Internal Revenue
  555 F.2d 244· 9th Cir.· 1977-06-03 ·cited 2×
  The court held that the Tax Court did not err in finding that property transferred in trust was includable in the decedent's gross estate as transferred in contemplation of death.
• Doyle Parker and wife v. Purvis
  282 So. 2d 12· Fla. 2d DCA· 1973-08-29 ·cited 2×
  The court reversed a trial court judgment voiding a homestead conveyance from elderly parents to their son based on allegedly insufficient consideration. The appellate court held that services rendered by the son to his aging parents in their declining years constitute valid cons
• Nunnally v. Wilder
  330 F.2d 843· D.C. Cir.· 1964-03-05 ·cited 2×
  The court held that the residuary legatees have standing to sue on a claim left unrecovered after an estate was closed and the executor discharged, and that the claim against Wilder on the $7,074.86 note was not time-barred. The court affirmed the dismissal of claims related to t
• Griffis v. The City OF Fort Lauderdale
  104 So. 2d 33· Fla.· 1958-06-18 ·cited 2×
  The Florida Supreme Court affirmed a lower court's approval of the City of Fort Lauderdale's sale of its municipal golf course to a private golf association, rejecting plaintiffs' claims that the sale price was inadequate, violated due process, or was undertaken to circumvent fed
• Bradburn v. Nolen
  159 F.2d 933· 10th Cir.· 1947-02-04 ·cited 2×
  The court held that the land in question was not restricted and that the deeds were valid, as the sisters acquired the land by purchase and not inheritance, and the consideration for the deed to Nolen was adequate.
• Cleveland v. Westport Recovery Corp.
  331 So. 3d 728· Fla. 4th DCA· 2021-12-08 ·cited 1×
  Westport Recovery Corporation sued Deborah Strong and her son Richard Cleveland under Florida's Uniform Fraudulent Transfer Act, alleging that Strong's sale of the 1906 Property to Cleveland for $100 was a fraudulent conveyance intended to hinder collection on Westport's judgment
• Letidas Logistics LLC v. Citibank, N.A.
  S.D. Fla.· 2024-11-19
  The court held that Plaintiff failed to plead facts showing Citibank had actual knowledge of the Ponzi scheme, thus dismissing the aiding and abetting claims, but plausibly pleaded a claim for unjust enrichment.
• Pishevar v. Hotels.com, LP
  S.D. Fla.· 2024-10-28
  The court held that the plaintiff failed to state claims for unjust enrichment, money had and received, negligence, and conversion, and that amendment would be futile for these claims.
• Amnay v. Select Portfolio Servicing, Inc.
  M.D. Fla.· 2022-08-19
  The court held that the plaintiff's second amended complaint failed to state a plausible claim for relief on any of its counts, and thus granted the defendants' motion to dismiss.
• Commercial Repairs & Sales, LLC v. Signet Jewelers Ltd.
  M.D. Fla.· 2019-11-22
  The court held that Signet's payment to Pristine for CRS's services, classified as general maintenance, constituted adequate consideration, thus Signet was not unjustly enriched.
• In & for New Castle Cnty. Hough Assocs., Inc.
  Del. Ch.· 2007-01-17
  The court denied the motion to compel arbitration, finding that the non-competition agreement, which did not mention arbitration, was independent of the stock purchase agreement containing the arbitration clause. The court granted the motion for a preliminary injunction, finding
• IN & FOR NEW Castle Cnty. IN RE Prime Hospitality
  Del. Ch.· 2005-05-04
  The Court declined to approve the proposed settlement because the record was insufficiently developed to determine the fairness of the transaction and the adequacy of the consideration offered. Significant questions remained regarding the board's diligence, potential conflicts of
• Snelling & Snelling, Inc. v. Reynolds
  140 F. Supp. 2d 1314· M.D. Fla.· 2001-04-24
  The court held that genuine issues of material fact preclude summary judgment on the non-compete covenant claims, and that the defendant waived his right to arbitration due to extensive participation in litigation.
• Jacob v. Bernatek
  764 So. 2d 874· Fla. 4th DCA· 2000-08-09
  A shareholder brought a derivative suit against corporate insiders, who moved for summary judgment arguing the plaintiff was not a shareholder because his stock had been canceled for non-payment. The appellate court reversed, holding that material factual disputes exist regarding
• Ryland v. Ryland
  605 So. 2d 138· Fla. 4th DCA· 1992-09-02
  In this dissolution of marriage appeal, the Fourth District Court of Appeal reversed the trial court's determination that a house resale contract lacked consideration and was unenforceable, and reversed awards of joint home ownership and rotating custody arrangements. The court a
• Whaley v. Rydman
  887 F.2d 976· 9th Cir.· 1989-10-20
  The court held that a seaman's release must be scrutinized for validity before res judicata can bar a subsequent action, and reversed the dismissal for a determination of the release's validity.
• Hekimian Labs., Inc. v. Domain Sys., Inc.
  664 F. Supp. 493· S.D. Fla.· 1987-06-23
  The court held that the restrictive covenant in Boyer's employment contract was enforceable, granting HLI's motion for a preliminary injunction.
• In re Est. OF Saul Tapper
  432 So. 2d 135· Fla. 4th DCA· 1983-05-04
  The appellate court reversed a trial court's order denying a widow's election to take an elective share of her husband's estate. The trial court had found a valid oral agreement where the wife waived her elective share, but the appellate court found insufficient evidence to suppo
• Fed. Deposit Ins. Corp. v. Lauterbach
  626 F.2d 1327· 7th Cir.· 1980-07-17
  The court held that the defendants' allegations of fraud and lack of consideration did not present genuine issues of material fact, and affirmed the district court's grant of summary judgment for the FDIC.
• Hedderick v. Richards
  362 F.2d 553· 9th Cir.· 1966-05-16
  The court held that the assignee of a promissory note is subordinate to federal tax liens if the assignee does not qualify as a 'mortgagee, pledgee, or purchaser' under I.R.C. § 6323.
• Reid v. Silver
  354 F.2d 600· 7th Cir.· 1965-12-28
  The court held that the master's findings regarding the accounting were clearly erroneous and not supported by the record, requiring a full accounting by the fiduciary. The master's fee was affirmed.
• Cameron v. Fed. Auto Parts, Inc.
  301 F.2d 867· 5th Cir.· 1962-04-19
  The court held that the transferee failed to prove adequate consideration for the transfer of assets, thus the presumption of fraud arising from noncompliance with the Bulk Sales Law was not overcome.
• Sutherland v. Garbutt
  132 F.2d 208· 9th Cir.· 1942-11-25
  The court held that the sale of corporate assets was not ultra vires, not proven to be fraudulent or oppressive, and the consideration received was adequate.