Padgett v. Lewis

Citations

• 54 Fla. 177

Syllabus

<p>x. Any pleading must be most strictly construed against the pleader thereof.</p> <p>2. One who gives a note in renewal of another note, with knowledge at the time of a partial failure of the consideration for the original note, or false representations by the payee, etc., waives such defense, and cannot set it up to defeat a recovery on the renewal note. And where one giving such - renewal note either had knowledge of such facts and circumstances, or by the exercise of ordinary diligence could have discovered them and ascertained his rights it became his duty to make such inquiry and investigation before executing the renewal note, and if he fails so to do he is as much bound as if he had actual knowledge thereof.</p> <p>3. Assignments of error not argued will be treated by an appellate court as abandoned.</p>