Morton v. Mercantile National Bank of Miami Beach

The appellants, Jay Morton and Blanche Morton, executed written guaranties of payment of a note by Bill Dock Cars & Service, Inc. payable to the appellee, Mercantile National Bank of Miami Beach. They appeal a summary final judgment for the plaintiff-bank upon the guaranties.1

It is not contested that the note was not paid and that the appellants signed the guaranties.

The appellants claim error in that the court struck their affirmative defenses numbered eleven and twelve. Defense number eleven alleged that the guaranties had been altered by adding witnesses and an acknowledgment. No Florida…