Kellogg v. Singer Manufacturing Co.
Citations
- 35 Fla. 99
Syllabus
<p>1. In decreeing the foreclosure of a mortgage providing for the payment of a reasonable attorney fee in the event of foreclosure, it is error to allow a sum of money as such fee without proof that it is reasonable and a proper amount to allow.</p> <p>2. In order that the sworn answer of a respondent may have the effect of being evidence in his favor, and conclusive unless overcome by the testimony of two witnesses, or of one witness corroborated by other circumstances which add greater weight than the answer, it must be directly and positively responsive to the material allegations of the bill.</p> <p>3. A sworn answer, with proper averments, setting up a want or failure of consideration, in analogy to the rule at law, as to the effect of a sworn plea under the statute alleging such defense, will have the effect to impose the burden of proof as to such defense on the complainant; but in order to have such effect the answer should be direct, positive and free from uncertainty.</p>
Judges: Mabry
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12 cases in this archive cite this case.
- Padgett v. LewisSupreme Court of Florida· 1907-06-15· cited 26×
- Smith v. O'BrienSupreme Court of Florida· 1918-02-13· cited 23×
- Kahn v. WeinlanderSupreme Court of Florida· 1897-01-15· cited 22×
- American Securities Co. v. GoldsberrySupreme Court of Florida· 1915-02-03· cited 20×
- Blackshear Manufacturing Co. v. FralickSupreme Court of Florida· 1925-01-10· cited 20×
- Southern Lumber & Supply Co. v. VerdierSupreme Court of Florida· 1906-01-15· cited 17×
- Pittman v. MiltonSupreme Court of Florida· 1915-03-17· cited 16×
- Canal Lumber Co. v. Florida Naval Stores & Manufacturing Co.Supreme Court of Florida· 1922-04-08· cited 16×
- City of Jacksonville v. HuffSupreme Court of Florida· 1897-01-15· cited 15×
- Daubmyre v. HunterSupreme Court of Florida· 1923-10-19· cited 11×
- Mayo v. HughesSupreme Court of Florida· 1906-01-15· cited 5×
- Dees v. American Agricultural Chemical Co.Supreme Court of Florida· 1923-06-13· cited 1×
Cites
9 cases in this archive are cited by this case.
- Southern Life Insurance & Trust Co. v. ColeSupreme Court of Florida· 1852-01-15· cited 48×
- White v. WalkerSupreme Court of Florida· 1854-03-15· cited 18×
- Adams v. FrySupreme Court of Florida· 1892-01-15· cited 18×
- Taylor v. BrownSupreme Court of Florida· 1893-06-15· cited 15×
- Reddick v. MicklerSupreme Court of Florida· 1887-06-15· cited 10×
- Long v. HerrickSupreme Court of Florida· 1890-06-15· cited 9×
- Jones v. StreeterSupreme Court of Florida· 1858-07-01· cited 8×
- Christy v. BurchSupreme Court of Florida· 1889-06-15· cited 8×
- Foster v. AmblerSupreme Court of Florida· 1888-06-15· cited 5×
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