McCranie v. Cason

Citations

• 79 Fla. 857
• 85 So. 160

Syllabus

<p>1. Where a promise to perform a service is the sole consideration for a promissory note, a plea averring that the service had not been performed although the time agreed on for the service had expired when the action was begun is a good plea.</p> <p>2. Where one purchases a tract of land from another subject to a mortgage given by the vendor who agrees to satisfy the mortgage at his own expense as consideration for a promissory note from the vendee for an amount equal to the debt secured by the mortgage, a plea that the payee of the note had failed to discharge the mortgage indebtedness is sufficient as a plea of failure of consideration in an action by the payee of the note against the vendee of the land.</p> <p>3. Material alterations in a promissory note constitute a sufficient plea in bar to an action on the note and -full opportunity-should be given the defendant to avail himself of such defence.</p>