Legal Opinion

Benson v. First Tr. Svgs. Bk., as Trustee

Supreme Court of Florida

Decided May 8, 1931PublishedCited by 39 opinions

1Opinion of the CourtDavis, J.

This was a suit to foreclose a mortgage given to secure a note dated December 17, 1926, payable three years from date, December 17, 1929, and containing the following clause:

“This note is one of an issue of mortgage notes amounting in the aggregate to $14,000.00 number from one-, both inclusive, being for $14,000.00 each, all equally secured by a mortgage for like aggregate amount, of even date herewith, made by the undersigned to the Trustee herein.”

The mortgage which the note secured contained the following clause:

“If any of said sums of money herein referred to be not promptly and fully…

2Cases cited2 opinions

  1. Shropshire v. Commerce Farm Credit Co.Texas Supreme Court · 1930
  2. Maxwell v. Jacksonville Loan & Improvement Co.Supreme Court of Florida · 1903

3Cited by39 opinions

  1. Dixon v. SharpSupreme Court of Florida · 1973
  2. Shaffran v. HolnessDistrict Court of Appeal of Florida · 1958
  3. Watson v. CommissionerUnited States Tax Court · 1950
  4. Shorr v. SkafteSupreme Court of Florida · 1956
  5. Home Credit Company v. BrownSupreme Court of Florida · 1962

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