Greeley v. Whitehead

Citations

• 35 Fla. 523

Syllabus

<p>1. In a suit against the maker of a promissory note, payable at a-particular time and place, it is not necessary to allege in the declaration a presentation for payment at the time and place named, nor to prove such presentation at the trial in order to entitle the plaintiff to recover on such note. The maker of' such note is still liable to pay though the note be not presented at the time and place designated, and it devolves upon him to show as matter of defense a readiness at the time and place tornee! the note, and such defense must be set [up by plea, and can only be in bar of damages and costs of suit.</p> <p>2. The plea alleging the defense of readiness to pay at the time and place designated in a note must not only allege such fact, but also that the defendant has ever since been ready with the-money then and there to pay the note, with profcrt in curia of the money.</p> <p>3. The maker of a note, payable at a particular time and place, can under proper plea avoid future interest, damages and costs by showing that he was ready with the money at the designated time and place to make payment, and has ever since kept the same there, but this defense may be waived by subsequent' action inconsistent therewith.</p>