Petroutsa v. H. C. Schrader Co.

Citations

• 76 Fla. 574
• 80 So. 486
• 1918 Fla. LEXIS 370

Syllabus

<p>1. In an action upon a promissory note the burden of proof under a plea of payment is upon the defendant.</p> <p>2. At the time of payment the debtor may direct to what items of an account the payment shall be applied; if he fails to so direct the application of such payments, his creditors to whom the payment is made may do so, but only to debts then due and existing and not to advances not yet made.</p> <p>3. Where there is a lack of evidence of material facts sufficient to support a verdict, a new trial should be granted upon motion.</p>