Sample v. Hundred Lakes Corp.

Ellis, J.,

dissenting. — This case affords a fair illustration of the trial of a cause at nisi prius without due regard to the pleadings in the case and the issues presented thereby, although the result arrived at is correct in view of the issues presented by the pleas.

The basic facts in the ease are that on April 23, 1925, J. W. Sample executed a promissory note in the sum of $16,212.07 payable of Lake Marian Groves Corporation or order on or before March 31, 1929. The note was dated at Bartow, Florida, and signed “J. W. SAMPLE, TRUSTEE.” It bore interest at the rate of six per cent, per…