Gardner Lumber Co. v. Bank of Commerce
Cases that cite this one
5 later published cases cite this decision.
- Diaz v. State (Fla. Dist. Ct. App. 1999)
- City of Fort Lauderdale v. Casino Realty, Inc. (Fla. 1975)
- Mathews v. City of Miami (Fla. 1920)
- Gravette v. Turner (Fla. 1919)
- Glass v. Virginia-Carolina Chemical Co. (Fla. 1917)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The Bank of Commerce' brought an action against the Gardner Lumber Company, a copartnership on two 'promissory notes executed by the latter payable to the bank. Issue was joined on a plea of failure of consideration. At the trial the court directed a verdict for the plaintiff on which judgment was rendered and the defendants took writ of error.
On the issue the plaintiff having- the general affirmative was entitled to open and conclude the presentation of the cause. As there was some substantial evidence tending to prove the issue of failure of consideration,
Browne, C. J., and Taylor, Whitfield and Ellis, JJ-, concur.
Shackleford; J., took no part.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.