Douglass v. State Bank
Supreme Court of Florida
An Appeal from the Circuit Court for Orange County; J. W. Perkins, Judge. STATEMENT. The State Bank of Orlando filed its bill in equity against the appellants and others to foreclose a mortgage upon real estate made by the Phillips Manufacturing Company to one Henry C. Miller, dated December 17th, 1913, to secure a note for $7,000.00 The mortgage was filed and duly recorded in Orange County on July 22nd, 1914, and was later assigned to complainant.
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An Appeal from the Circuit Court for Orange County; J. W. Perkins, Judge. STATEMENT. The State Bank of Orlando filed its bill in equity against the appellants and others to foreclose a mortgage upon real estate made by the Phillips Manufacturing Company to one Henry C. Miller, dated December 17th, 1913, to secure a note for $7,000.00 The mortgage was filed and duly recorded in Orange County on July 22nd, 1914, and was later assigned to complainant. The bill names as defendants the mortgagor, against which a decree pro oonfesso was entered; Charles P. Dow as trustee who answers that he holds a…
1Opinion of the Court
Reaves, Circuit Judge.
(after stating the facts.)— Two primary questions are presented by the record: First, had the corporation the power, as against subsequent judgment creditors, to mortgage its Tand for a sum greater than the amount of its authorized indebtedness as stated in the charter, and second', is the mortgage in question sl-own by the evidence to be the mortgage of the Phillips Manufacturing Company?
Considering the last question first, our attention is called, to the manner in which the mortgage was executed. The testimonium clause and signature are as follows:
“IN WITNESS WHEREOF,…
Also in this document: Per curiam.
2Cases cited16 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
- Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaSupreme Court of the United States · 1899
- Beach v. WakefieldSupreme Court of Iowa · 1898
- Bell & Coggeshall Co. v. Kentucky Glass Works Co.Court of Appeals of Kentucky · 1899
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