Legal Opinion

Rathbun v. Merchants Bank of Miami

District Court of Appeal of Florida

Decided March 15, 1962No. 61-363Published

1Per curiam

Appellants, defendants below, seek review of an adverse final decree foreclosing a chattel mortgage given to secure payment of a promissory note.

On January 8, 1959, plaintiff loaned defendants a sum of money receiving from defendants a promissory note and chattel mortgage. The note gave plaintiff the right to accelerate maturity in the' event any installment was not paid within fifteen days after it became due. By the terms of the note, payments were required to be made on the eighth day of the month. On January 9, 1961, plaintiff informed defendants that since the payments due on December 8,…

2Cases cited4 opinions

  1. Kreiss Potassium Phosphate Co. v. KnightSupreme Court of Florida · 1929
  2. Jaudon v. Equitable Life Assurance Society of the United StatesSupreme Court of Florida · 1931
  3. Harrell v. LombardDistrict Court of Appeal of Florida · 1960
  4. Murray v. StalnakerSupreme Court of Florida · 1944

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