Engelsen v. First State Bank of Winter Haven

Supreme Court of Florida November 13, 1928

Engelsen v. First State Bank of Winter Haven, 118 So. 492 (Fla. 1928)

96 Fla. 556

Whitfield, Terrell, Buford

Opinion of the Court

Per Curiam.

Defendant in error brought an action against plaintiffs in error to recover on a promissory note. There was a plea of want of consideration which was de *557 nrarred to and the demurrer sustained. Final judgment was entered and a writ of error taken to that judgment.

The plea of want of consideration was predicated on the breach of an alleged executory contract in parol. We have examined the record and do not think that such an executory contract has been shown to exist, the breach of which may be offered as a defense to an action on a promissory note. Sumter County State Bank v. Hays, 68 Fla. 473, 67 So. R. 109.

Affirmed.

Whitfield, P. J., and Terrell and Buford, J. J., concur.

Reference

Full Case Name: M. Engelsen and E. B. Walthall, Plaintiffs in Error, v. First State Bank of Winter Haven, Defendant in Error
Status: Published