Promissory Note Enforceability

17 Florida cases classified under this topic · sorted by citation count · browse and sort

• Vinson v. Palmer
  45 Fla. 630· Fla.· 1903-01-01 ·cited 24×
  The Supreme Court of Florida addressed whether a lawsuit on promissory notes barred by the statute of limitations could proceed based on alleged partial payments and subsequent promises to pay. The court also considered procedural issues like amending the declaration and the vali
• Daniels v. Goldberg
  173 F.2d 911· 2d Cir.· 1949-04-05 ·cited 12×
  The court held that the jury should have been instructed on the defense of conditional delivery of the note.
• Sapienza v. Bass
  144 So. 2d 520· Fla. 3d DCA· 1962-09-25 ·cited 10×
  Sapienza sued Bass to recover $5,000 on a promissory note. The partnership agreement between them provided that if either party withdrew within two years, Bass's promissory notes would become null and void. Bass withdrew within the two-year period, and the trial court dismissed t
• Sunshine Packers, Inc. v. Am. CAN Co.
  395 F.2d 86· 5th Cir.· 1968-05-22 ·cited 8×
  A party cannot use an antitrust violation as a defense to avoid paying a debt incurred for goods received, especially when the party induced the transaction.
• M. Lippincott Mortg. Inv. Co. OF Fla., Inc. v. Clark Childress et ux.
  204 So. 2d 919· Fla. 1st DCA· 1967-11-30 ·cited 8×
  M. Lippincott Mortgage Investment Co. sought to enforce a promissory note against the Childresses for a vacuum cleaning unit purchase. The court affirmed summary judgment in favor of the Childresses, holding that the underlying transaction constituted an illegal lottery under Flo
• Wil Wes Rappaport v. Hollywood Beach Resort Condo. Ass'n, Inc.
  905 So. 2d 1024· Fla. 4th DCA· 2005-07-06 ·cited 4×
  The court held that the trial court abused its discretion by limiting attorney's fees based on the timing of documentary stamp tax payment on a promissory note, given the defendant's evasive litigation tactics.
• 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
• Rizzo v. Schwebke
  348 So. 2d 1180· Fla. 3d DCA· 1977-07-12 ·cited 4×
  Defendants appealed a judgment for plaintiff Schwebke on three promissory notes, arguing the notes were void because they allegedly represented an unlicensed real estate commission in violation of Florida law. The trial court found the notes were not payment for real estate servi
• Int'l Union v. Dist. 50
  435 F.2d 421· D.C. Cir.· 1970-08-17 ·cited 4×
  The court held that the $8,000,000 promissory note and affiliation agreement were unenforceable due to the UMW's fiduciary breach and the coercive circumstances of their execution, particularly in light of the Landrum-Griffin Act.
• Marcus v. Sullivan
  701 So. 2d 660· Fla. 3d DCA· 1997-11-26 ·cited 3×
  A lawyer sought to enforce a promissory note signed by the defendant (girlfriend of his client) to secure payment of $20,000 in legal fees for her boyfriend's divorce. The trial court found the note unenforceable due to duress and conflict of interest, but the appellate court rev
• O'Connell v. Citizens Nat'l Bank OF Hollywood
  254 So. 2d 236· Fla. 4th DCA· 1971-11-04 ·cited 3×
  Daniel and Frances O'Connell challenged an adverse summary judgment on a promissory note, arguing that allowing an amended complaint with a completed version of an originally incomplete note violated the principle that a plaintiff's right of action must be measured as of the time
• McHENRY Cnty. Credit Co. v. Feuerhelm
  720 F.2d 525· 8th Cir.· 1983-11-09 ·cited 2×
  The court held that the plaintiffs' stock conversion rights could be enforced against the proceeds of the stock sale, even though the Estate no longer possessed the stock.
• MSC Trading, S.A. v. Delgado
  S.D. Fla.· 2023-10-23
  The court held that payment of the documentary stamp tax is not a condition precedent to enforcing an unsecured promissory note under Florida law.
• Mentz v. Nosbisch
  Fla. 5th DCA· 2022-02-11
  An appellant's failure to provide a trial transcript on appeal compels affirmance of the trial court's judgment.
• Burns v. Cole
  Fla. 1st DCA· 2019-11-26
  The appellate court reversed a trial court's decision in a divorce case. While the trial court correctly identified $125,000 received during the marriage as a loan, it erred by ruling that only the former husband was obligated to repay it, effectively treating it as a non-marital
• WRJ Dev., Inc. v. N. Ring Ltd.
  979 So. 2d 1046· Fla. 3d DCA· 2008-03-19
  The court held that the failure to pay documentary stamp taxes on a promissory note does not render a fraudulent transfer claim based on that note unenforceable.
• Sears Roebuck & Co. v. McClure
  150 Fla. 667· Fla.· 1942-05-26
  Sears Roebuck sued J. S. McClure on a promissory note for approximately $1,482. McClure defended on the grounds that a Federal Land Bank loan and assignment of lease rentals constituted full payment and discharge of the debt. The Florida Supreme Court reversed the judgment for Mc