Alropa Corporation v. Harry M. Smith

This is an action in two counts, begun on May 4, 1938. It is based on 6 notes, and two mortgages securing the same on Florida real estate, executed in Florida by the defendant and his wife, Ray Morse Smith,, to Okeechobee Company, and assigned to plaintiff. During the pendency of the action defendant’s wife died and the case was dismissed as to her.

At the conclusion of the evidence the court sustained plaintiff’s motion for a directed verdict on each count for the principal amount of the last maturing note sued upon therein, together with the unpaid interest thereon. Plaintiff did not ask…