Failure Of Consideration

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

• Hubler Rentals, Inc. v. Roadway Express, Inc.
  637 F.2d 257· 4th Cir.· 1981-01-09 ·cited 4×
  The court held that Hubler's material breach of its maintenance covenant barred its recovery for Roadway's improper contract termination, and Roadway's contract-based counterclaim for overcharges was also barred by its own prior material breach.
• Se. First Nat'l Bank OF Satellite Beach v. Atl. Telec, Inc.
  389 So. 2d 1032· Fla. 5th DCA· 1980-09-24 ·cited 4×
  The bank is liable for paying over a stop payment order when the customer shows a defense to payment, and the bank can assert the customer's rights against the payee in a third-party complaint if personal jurisdiction exists.
• Newbern v. PAN Am. Bank OF Orlando
  368 So. 2d 425· Fla. 4th DCA· 1979-03-07 ·cited 4×
  Appellant Newbern appeals summary judgment against him on a promissory note held by Pan American Bank. The court reverses, finding a genuine issue of material fact regarding whether Newbern's note was given as security for an antecedent obligation, which precludes summary judgmen
• Beda C. Supple v. Supple
  347 So. 2d 774· Fla. 3d DCA· 1977-06-21 ·cited 4×
  The court held that the trial court erred by granting relief not sought by the parties and by failing to decide the issues presented by the pleadings.
• In re Topeka Motor Freight, Inc. v. Yeakel
  553 F.2d 1227· 10th Cir.· 1977-04-27 ·cited 4×
  The court held that the district court did not err in adopting the Special Master's report denying the petition to reclaim property, as there was no evidence of mistake, fraud, or breach of a confidential relationship justifying reformation or cancellation of the deed.
• Am. Hous. Sys. Corp. v. Country Club OF Miami Corp.
  342 So. 2d 1026· Fla. 3d DCA· 1977-02-15 ·cited 4×
  American Housing Systems appealed a judgment on the pleadings in favor of Country Club of Miami on a promissory note. The court reversed, holding that judgment on the pleadings was improper because the defendant had adequately pleaded affirmative defenses of duress and lack of co
• Stern v. Satra Corp. & Satra Consultant Corp.
  539 F.2d 1305· 2d Cir.· 1976-07-06 ·cited 4×
  The court held that Stern's claims of influence with IBM were opinions, not material misrepresentations, and that the 1973 IBM-Satra agreement constituted a renewal of the 1971 agreement, entitling Stern to further compensation.
• Brown v. Phillips
  330 So. 2d 510· Fla. 2d DCA· 1976-04-14 ·cited 4×
  Failure of a grantee to provide promised lifetime support, which was the primary consideration for a deed, vitiates the entire transaction and raises a presumption of fraud, entitling the grantor to rescission.
• Beltronics, Inc. v. Eberline Instrument Corp.
  509 F.2d 1316· 10th Cir.· 1974-12-04 ·cited 4×
  The court held that the termination of the sales agreement was not an actionable breach because performance became impossible due to the plaintiff's own conduct leading to Western Electric's refusal to deal with the plaintiff, and that no antitrust violations occurred.
• Darling v. Rose
  301 So. 2d 19· Fla. 2d DCA· 1974-09-30 ·cited 4×
  In two consolidated mortgage foreclosure cases involving the same defendant borrower, the Florida District Court of Appeal affirmed foreclosure in one case (Rose) where fraud defenses were properly rejected, but reversed and remanded the other case (Schneider) because the trial c
• Beach v. KDI Corp.
  490 F.2d 1312· 3d Cir.· 1974-01-11 ·cited 4×
  The court held that the district court erred in asserting pendent jurisdiction over the intervenors' counterclaim, as it lacked independent jurisdictional grounds and was not supported by the pendent or ancillary jurisdiction doctrines. The bankruptcy court had exclusive jurisdic
• Ammerman v. Lou Miller
  488 F.2d 1285· D.C. Cir.· 1973-10-26 ·cited 4×
  The court held that Ammerman's obligation was a conditional guaranty, not an unconditional one, and that Miller was excused from tendering the collateral due to Ammerman's participation in the disposition of the security. The court also found that Miller's failure to record the c
• Gen. Elec. Credit Corp. v. Grubbs
  478 F.2d 53· 5th Cir.· 1973-04-13 ·cited 4×
  The court held that the note executed by Grubbs was enforceable and reversed the trial court's denial of recovery on it. It also reversed the award of damages on Grubbs' counterclaim and remanded for a precise determination of damages.
• Sani-Serv Div. OF Burger Chef Sys., Inc. v. S. Bank OF W. Palm Beach
  244 So. 2d 509· Fla. 4th DCA· 1970-12-18 ·cited 4×
  Sani-Serv sued Southern Bank for dishonoring a cashier's check for $5,161.66. The trial court awarded only partial judgment, finding Sani-Serv was not a holder in due course. The appellate court reversed, holding the bank failed to establish a valid defense to the check and that
• Abraham Lincoln Ins. Co. v. Franklin Sav. & Loan Ass'n
  434 F.2d 264· 8th Cir.· 1970-12-10 ·cited 4×
  The court held that a subsequent purchaser, even with notice of defenses, takes free of those defenses if the original transfer was to a bona fide purchaser without notice.
• 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.
• Seneca Falls Mach. Co. v. McBETH
  368 F.2d 915· 3d Cir.· 1966-11-28 ·cited 4×
  The court held that the record was insufficient to determine the parties' rights regarding commissions on sales made before the agency termination, requiring further findings by the lower court.
• Hunter v. Cassie Reynolds Moore and James W. Cowart
  131 So. 2d 489· Fla. 2d DCA· 1961-05-24 ·cited 4×
  Edna Hunter obtained a deed from her mother (Ethel Crandall) in exchange for a promise to support her mother for life, but the trial court found the promise was fraudulently made with no intent to perform. The appellate court affirmed the decree setting aside the conveyance, hold
• Foley Lumber Indus., Inc. v. Buckeye Cellulose Corp.
  286 F.2d 697· 5th Cir.· 1961-02-17 ·cited 4×
  The court's holding is not explicitly stated as the opinion is a dissent, but it implies disagreement with the majority's reasoning for affirming the lower court's judgment.
• In re Tucker Corp. v. Yorke
  256 F.2d 808· 7th Cir.· 1958-06-25 ·cited 4×
  The court held that the franchise holders' claims of fraud were not adequately alleged and that the contract terms barred claims for non-delivery or refund.
• Whitehall Realty Corp. v. Mfrs. Tr. Co.
  100 So. 2d 617· Fla.· 1958-02-19 ·cited 4×
  Whitehall Realty and Kimmel appealed a directed verdict judgment for Manufacturers Trust Company on promissory notes. The court affirmed, holding that Manufacturers Trust was a holder in due course because it purchased the notes prior to any breach of the underlying executory con
• Woodbury v. Clermont
  236 F.2d 132· 9th Cir.· 1956-08-10 ·cited 4×
  The court held that the buyers were entitled to a return of their earnest money deposit because the sellers failed to provide merchantable title as required by the agreement.
• Copeland v. Copeland
  65 So. 2d 853· Fla.· 1953-06-02 ·cited 4×
  Isabel Copeland sought separate maintenance and child custody from her husband Edward Rivers Copeland, who counterclaimed for divorce and custody. After the husband's death during litigation, the case focused on child custody and the status of two properties conveyed as estates b
• Sears v. LEA
  198 F.2d 1012· 6th Cir.· 1952-09-19 ·cited 4×
  The court held that the trial court erred in awarding damages based on an implied warranty of fitness when the contracts expressly excluded such warranties, and that further findings of fact were necessary regarding the insulation contract, notice of defects, and the proper measu
• Nalley v. N.Y. Life Ins. Co.
  138 F.2d 318· 5th Cir.· 1943-10-18 ·cited 4×
  The court held that the insured was not entitled to disability benefits or waiver of premiums because he failed to provide timely notice and proof of disability as required by the policy terms.
• J. B. Colt Co. v. Gainey
  102 Fla. 1065· Fla.· 1931-10-01 ·cited 4×
  The Florida Supreme Court reversed a directed verdict, holding that the question of whether a prima facie showing of consideration was overcome by the defendant's evidence was a jury question.
• Klemtner v. Peters
  90 Fla. 448· Fla.· 1925-11-02 ·cited 4×
  This case involves a promissory note where the maker argued a failure of consideration. The court held that the maker's plea sufficiently alleged that the promised services, which formed the note's consideration, were not performed, thus reversing the lower court's decision to su
• Ottensoser v. Scott
  47 Fla. 276· Fla.· 1904-01-01 ·cited 4×
  In this 1904 case, the Florida Supreme Court addressed whether an insolvent building and loan association could charge borrowers a proportionate share of the discount premium bid when the association failed. The court held that where a borrower bid a discount premium contingent o
• Long v. Allen
  2 Fla. 403· Fla.· 1849-01-01 ·cited 4×
  In this 1849 Florida case, the court upheld a judgment on a promissory note given for the purchase of land, rejecting the defendant's defense that the seller (the Asylum) lacked valid title because a third party (Williamson) held an equitable claim to the property. The court held
• JET Engine Support, Inc. v. JET Research, Inc.
  474 So. 2d 337· Fla. 3d DCA· 1985-07-30 ·cited 3×
  Jet Engine Support and its president appealed a judgment awarding damages to Jet Research for fraud and material misrepresentation in the sale of warehouse inventory. The appellate court reversed, finding that Jet Research failed to prove reliance—a required element of actionable
• Mrs. C. A. Powell v. Walbek
  209 So. 2d 488· Fla. 3d DCA· 1968-04-09 ·cited 3×
  A mortgagee sued to foreclose two mortgages securing notes from the sale of her restaurant. The mortgagors asserted failure of consideration as an affirmative defense, and after trial, the lower court found for the defendants. The appellate court affirmed, holding that the defend
• Allen v. Wilhelm
  113 So. 2d 857· Fla. 2d DCA· 1959-08-07 ·cited 3×
  T. Luster Allen sought partition and sale of real property she and John Wilhelm acquired while cohabiting as an unmarried couple. The trial court dismissed her complaint and granted Wilhelm's counterclaim for fraud, awarding him sole title. The appellate court reversed, finding i
• Greenfield v. Millman
  111 So. 2d 480· Fla. 3d DCA· 1959-04-28 ·cited 3×
  Leo Greenfield, a lawyer, guaranteed a promissory note to secure the Millmans' agreement to subordinate their mortgage in a hotel purchase transaction. Greenfield appeals a judgment for $24,429.69, contending the guaranty lacks consideration because it was conditioned on subordin
• Mose Carter v. Irena Colson
  142 Fla. 187· Fla.· 1940-03-01 ·cited 3×
  Irena Colson conveyed rental property to Ida and Mose Carter in 1936 without cash consideration, in exchange for their promise to support and maintain her. When Ida Carter became insane and later died, Mose Carter failed to comply with the support agreement, prompting Colson to s
• Davis v. Woodward-Crowder Co.
  118 Fla. 323· Fla.· 1934-12-14 ·cited 3×
  W. D. Davis sued Woodward-Crowder Company to recover on a promissory note. The defendant challenged performance of a condition endorsed on the note requiring discharge of paving liens and claimed failure of consideration. The Florida Supreme Court affirmed the trial judgment for
• Emerson v. Hughson
  105 Fla. 558· Fla.· 1932-05-25 ·cited 3×
  E. L. Emerson sought certiorari review of a jury verdict in favor of defendants on a promissory note claim. The Florida Supreme Court quashed the certiorari petition because the Circuit Court's affirmance of the Civil Court judgment was not subject to review without a proper auth
• Phoenix Mortg. & Loan Co. v. Martin
  102 Fla. 1061· Fla.· 1931-09-30 ·cited 3×
  Phoenix Mortgage & Loan Company sought to foreclose a mortgage securing three promissory notes executed by J.W. Martin (an illiterate man) and his wife Emma as security for legal fees owed to attorney Moman Pruiett. The Florida Supreme Court reversed the trial court's finding tha
• Jockmus v. Claussen & Knight, Inc.
  S.D. Fla.· 1930-08-06 ·cited 3×
  Defendant executed three promissory notes to Shoreland Corporation as part of a property purchase contract; Shoreland Corporation pledged the notes to plaintiff as security for a debt, and later became insolvent and unable to perform the underlying contract. The court held that k
• Reddish v. Ritchie
  17 Fla. 867· Fla.· 1880-06-01 ·cited 3×
  This case concerns the foreclosure of a non-negotiable note and mortgage. The court held that the assignee of the note took it subject to equities between the original parties, specifically a failure of consideration for a portion of the note, and thus the foreclosure could not p
• Sheptak v. Transitional Hosps. Corp. OF Tampa, Inc.
  183 So. 3d 1104· Fla. 2d DCA· 2015-06-17 ·cited 2×
  The Second District Court of Appeal affirmed a circuit court order enforcing a nursing home arbitration agreement signed by Nicholas Sheptak on behalf of his mother Rena C. Sheptak. The court was bound by prior precedent despite concerns that the arbitration agreement referenced
• E. Coast Advertising, Inc. v. Wiseheart
  862 So. 2d 734· Fla. 3d DCA· 2003-10-08 ·cited 2×
  East Coast Advertising and Charles Hancock leased property for a billboard but refused to pay rent, claiming failure of consideration due to zoning restrictions preventing the intended use. The court affirmed summary judgment for the landlord, holding that the lessees, as experie
• Atef I. Michel and Sophie T. Michel v. Beau Rivage Beach Resort, Inc.
  774 So. 2d 900· Fla. 4th DCA· 2001-01-03 ·cited 2×
  This case involves a foreclosure action where the court partially reversed a summary judgment. The central issue was whether a $100,000 mortgage given to a real estate salesman was void because it was allegedly for a commission, which is prohibited by statute. The appellate court
• Barclays Bank v. Conkey
  695 So. 2d 931· Fla. 2d DCA· 1997-06-27 ·cited 2×
  The court held that the omission of a payment start date on a promissory note does not render it so irregular or incomplete as to call into question its authenticity, and thus does not preclude holder in due course status as a matter of law.
• Smania v. Mundaca Inv. Corp.
  629 So. 2d 242· Fla. 3d DCA· 1993-12-14 ·cited 2×
  The D'Oench, Duhme doctrine and 12 U.S.C. § 1823(e) prevent a borrower from asserting personal defenses against a note holder who acquired the note from the FDIC, even if the note contains a consumer protection clause, unless the note itself facially manifests bilateral obligatio
• Cmty. Bank OF THE Ozarks v. Fed. Deposit Ins. Corp.
  984 F.2d 254· 8th Cir.· 1993-01-27 ·cited 2×
  The court held that the D'Oench doctrine and 12 U.S.C. § 1823(e) bar oral agreements and defenses not reflected in the bank's official records when the FDIC or its assignees are involved. Therefore, the McKenzies' counterclaims and defenses based on alleged oral promises were pro
• In re Gerald Harris Builder, Inc. v. Jomac Constr. Co., Inc.
  927 F.2d 1067· 8th Cir.· 1991-03-14 ·cited 2×
  The court affirmed the district court's decision, upholding the bankruptcy court's rulings on liquidated damages and interest on a line of credit.
• Kassier v. Kipnis
  571 So. 2d 54· Fla. 3d DCA· 1990-12-04 ·cited 2×
  Philip Kassier appealed summary judgments entered against him on a promissory note suit and a third-party fraud complaint. The court affirmed, holding that the note was supported by consideration, the plaintiff made no misrepresentations, and the third-party defendant owed no dut
• TMF Tool Co. v. Siebengartner
  899 F.2d 584· 7th Cir.· 1990-03-29 ·cited 2×
  The court held that while Siebengartner did not commit fraud, he breached his fiduciary duty to TMF by converting corporate funds and failing to timely disburse loan proceeds, entitling TMF to damages.
• Graham v. Friendly Ford, Inc.
  552 So. 2d 1165· Fla. 3d DCA· 1989-11-07 ·cited 2×
  The court modified an arbitration order to require prior judicial determination of fraud and failure of consideration claims before compelling arbitration of an indemnity claim, because the validity of the underlying lease containing the arbitration clause must first be establish
• Schwegmann Bank & Tr. Co. OF Jefferson v. Simmons
  880 F.2d 838· 5th Cir.· 1989-08-17 ·cited 2×
  The court held that the defendant's arguments regarding personal jurisdiction, abstention, and holder in due course status were without merit, affirming the trial court's summary judgment.