Schanker v. Wollowick

BARKDULL, Judge.

The appellants seek review of a final judgment, rendered subsequent to a non-jury trial, adjudicating that the appellants were liable on a certain promissory note •given to the appellee.

The defense urged by the appellants was payment of the note. This was in the nature of an affirmative defense and required them to sustain the burden of proof. Bacon v. Green, 36 Fla. 325, 18 So. 870; Heitman v. Davis, 127 Fla. 1, 172 So. 705; Hough v. Menses, Fla.1957, 95 So.2d 410; 25 Fla.Jur., Pleadings, § 77 The evidence adduced by the parties was conflicting on the question of payment; the…