Inadequate Consideration

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

• Lucinda Gainer v. Russ
  20 Fla. 157· Fla.· 1883-06-01 ·cited 2×
  A creditor sought to set aside a land conveyance by judgment debtors to their relative, alleging it was fraudulent and made to hinder debt collection. The Florida Supreme Court affirmed the lower court's decree setting aside the deed, finding the conveyance was made to shield ass
• Loring v. Dunning & Palmer
  16 Fla. 119· Fla.· 1877-01-01 ·cited 2×
  In this creditor's bill, the Florida Supreme Court upheld a decree treating a conveyance of property by judgment debtor Mrs. Carr to Caleb Loring as constructively fraudulent and imposing a lien on the property to the extent of consideration paid by Loring, rather than allowing a
• Lane v. Talloni
  626 So. 2d 316· Fla. 5th DCA· 1993-11-12 ·cited 1×
  William D. Lane, executor of John Fodor's estate, appealed a summary judgment entered in favor of Albert and Lucy Talloni in a deed rescission action. The court reversed, holding that genuine issues of material fact regarding the grantor's mental competency and the gross inadequa
• Harman Int'l Indus. v. [Unknown]
  Del. Super. Ct.· 2025-01-03
  The Delaware Superior Court granted Harman's motion for summary judgment and denied the Insurers' motion, holding that the "Bump-Up Provision" exclusion did not apply to the settlement of the underlying securities action. The court found that the transaction, a reverse triangular
• Silas E. Counts v. Burlington N. R.R. Co.
  952 F.2d 1136· 9th Cir.· 1991-12-30
  The court held that the jury's general verdict was tainted by erroneous legal theories submitted for invalidating the release, and that prejudicial evidence from the first trial was improperly submitted to the jury in the damages trial.
• Cherry v. LaSALLE
  413 So. 2d 436· Fla. 3d DCA· 1982-05-04
  Cherry, Bekaert & Holland sought to enforce a non-compete covenant against former employee LaSalle. The trial court found the covenant unenforceable as an unreasonable restraint of trade with inadequate consideration and oppressive penalties, and the appellate court affirmed, hol
• In re James Hotel Co. v. Okla. BAR Co.
  464 F.2d 1199· 10th Cir.· 1972-08-08
  The court held that a lease executed shortly before bankruptcy proceedings, creating a competing business for the benefit of insiders to the detriment of the debtor and its creditors, was invalid as a fraud on creditors.
• Jefferson Standard Life Ins. Co. v. Elledge
  463 F.2d 639· 5th Cir.· 1972-07-17
  The court held that mere inadequacy of consideration at a foreclosure sale does not prevent recovery of a deficiency judgment under Texas law, and a mortgagor is not entitled to credit for a subsequent sale of the property by the mortgagee at a loss.
• Swearingen v. Britain H. Sanders, Jr.
  193 So. 2d 635· Fla. 1st DCA· 1966-12-29
• Atwater v. Walters
  19 Fla. Supp. 39· Broward Cty. Cir. Ct.· 1960-06-15
  The court held that the defendants failed to prove their mental incompetency at the time of contracting, and acceptance of payments during lucid intervals constituted ratification, warranting specific performance.
• Romano v. Walter Z. Dudbridge Cum Testamento Annexo of the Estate of Sophye E. Francisco
  113 So. 2d 259· Fla. 1st DCA· 1959-06-25
  This appeal challenges a decree setting aside a corporate stock transfer made by a decedent approximately six years before suit. The trial court found the decedent lacked mental capacity, the transferees (defendants) held a dominant confidential relationship with the decedent, an
• Cora Akins v. L. B. Bethea & the Perry Banking Co.
  160 Fla. 514· Fla.· 1948-06-01
  The appellate court affirmed the trial court's decree, finding no error in the chancellor's partial cancellation of a deed and denial of other relief.
• Burns v. Lauderdale Loan & Disc. Co.
  148 Fla. 92· Fla.· 1941-04-15
  The Florida Supreme Court considered whether a city's sale of tax certificates and improvement liens for significantly below face value was valid. The Court initially reversed the lower court's dismissal, but on rehearing, affirmed cancellation of the contract regarding certain t