Somers v. Florida Pebble Phosphate Co.

Citations

• 50 Fla. 275

Syllabus

<p>1. While an instrument tested “In Witness Whereof the F. P. P. Co. has caused its corporate seal to be hereto affixed and attested by its Secretary, and this promissory note to be signed by its President, signed F. P. P. Co. by F. President, with the corporate seal attached, Attest M. “Sec.” is the bond of said company, it is not necessarily a sealed instrument as to the stockholders who signed their .names .on the back of the instrument before delivery, in order to give credit thereto.</p> <p>2. In a joint action against several defendants, some of whom successfully plead the statute of limitation, a judgment dismissing the action as to all will not be disturbed.</p> <p>3. Where an. instrument is executed by a corporation under its seal, in the form of a promissory note, and endorsed by the stockholders, and a suit is brought thereon against the corporation and the endorsers, it is permissible to introduce in evidence the minutes of the corporation, and other contemporaneous facts and circumstances attending the negotiations of the parties in making the contract, in. order to arrive at the true intention of the parties in executing the instrument.</p>