Hall Approved Free Access to American Case Law
Supreme Court of Florida, 1932

Rand-Shepard Co. v. Dollar Savings Institution, Inc.

Rand-Shepard Co. v. Dollar Savings Institution, Inc.
Supreme Court of Florida · Decided June 24, 1932 · Buford, Ellis, Brown, Wi-Iitfield, Terrell, Davis
142 So. 649; 106 Fla. 46 (Southern Reporter)

Rand-Shepard Co. v. Dollar Savings Institution, Inc.

Opinion of the Court

Per Curiam.

The endorser o'f a note secured by mortgage is1 neither a necessary nor a proper party defendant in a suit to foreclose the mortgage. This point having been raised by the indorser by demurrer which was overruled, the decree appealed from must be reversed upon the authority of the recent case of Delbeck Inv. Co. vs. Raff, 136 So. 683.

It is so ordered.

Buford, C.J., and Ellis and Brown, J.J., concur. Wi-iitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

↑