Legal Opinion

American Securities Co. v. Goldsberry

Supreme Court of Florida

Decided February 3, 1915PublishedCited by 20 opinions

Appeal from Circuit Court for Duval County; D. A. Simmons, Judge. STATEMENT. Appeal from the Court for Duval County, Fourth Judicial Circuit. Samuel S. Goldsberry filed his bill to foreclose a mortgage in the Circuit Court for Duval County against Charles D. Mills and Etta F. Mills, his wife, and the American Securities Company, a corporation organized under the laws of Florida.

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Appeal from Circuit Court for Duval County; D. A. Simmons, Judge. STATEMENT. Appeal from the Court for Duval County, Fourth Judicial Circuit. Samuel S. Goldsberry filed his bill to foreclose a mortgage in the Circuit Court for Duval County against Charles D. Mills and Etta F. Mills, his wife, and the American Securities Company, a corporation organized under the laws of Florida. The bill alleges that on or about the 19th day of March, A. D. 1910, the defendant Charles D. Mills made and delivered to the complainant his promissory note whereby he agreed to pay to the complainant twelve thousand…

1Opinion of the CourtEllis, J.

(After stating the facts.) — Under the first assignment the appellant contends, that the averments in the answer in respect to the alleged agreement of the *115complainant, Samuel S. Goldsberry, with the mortgagor to extend the time of payment of the note for one year should have been accepted by the Chancellor as true and the bill dismissed. The answer does not deny the execution of the note by Charles D. Mills, the delivery of it to the complainant, the execution and delivery of the mortgage by Mills and wife to the complainant to secure the payment of the note, nor the assumption by the…

2Cases cited9 opinions

  1. Pinney v. PinneySupreme Court of Florida · 1903
  2. Maxwell v. Jacksonville Loan & Improvement Co.Supreme Court of Florida · 1903
  3. Southern Lumber & Supply Co. v. VerdierSupreme Court of Florida · 1906
  4. Kellogg v. Singer Manufacturing Co.Supreme Court of Florida · 1895
  5. Griffith v. HendersonSupreme Court of Florida · 1908

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3Cited by20 opinions

  1. Kreiss Potassium Phosphate Co. v. KnightSupreme Court of Florida · 1929
  2. Howdeshell v. First Nat. Bank of ClearwaterDistrict Court of Appeal of Florida · 1979
  3. Whitehurst v. CampSupreme Court of Florida · 1997
  4. Bourne v. State Bank of Orlando & Trust Co.Supreme Court of Florida · 1932
  5. Flagship Bank of Orlando v. BryanDistrict Court of Appeal of Florida · 1980

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