Davis Mercantile Co. v. Gillett

Citations

• 82 Fla. 340
• 90 So. 189

Syllabus

<p>1. A promissory note in the hands of the original payee is subject to all equitable defens.es to which the maker is entitled, even though the original payee had transferred the note before maturity in due course to a bona fide holder and afterwards acquired it again from such holder, unless the maker’s equities arose from transactions between him and the first transferee before maturity of the note.</p> <p>2. The sufficiency of an averment setting up an affirmative defense in an answer to a bill to foreclose a mortgage lien may under Chapter 6907, Laws of Florida, 1915, be tested by a motion to strike such averment.</p> <p>3. The breach of a parol agreement existing between the maker of a promissory note and the payee not in his individual capacity, but in a representative capacity as officer of a cor- . poration having no interest in the execution of the note is not the proper subject of a set off or counter claim in a suit by the payee of the note to foreclose a mortgage given to secure its payment.</p>