Gibbs v. Hicks

CARROLL, DONALD K., Chief Judge.

These appeals are from a final and an interlocutory decree entered by the Circuit Court for Duval County in a suit to foreclose a chattel mortgage.

The basic facts appearing in the voluminous record are briefly as follows: On December 16, 1960, the Gibbs Corporation borrowed $300,000 from its retirement trust fund and executed a promissory note in that amount in favor of the fund’s trustee, the plaintiff-appellee. The note was signed by the defendant-appellant as president of the corporation and endorsed by him in his own name without reference to such capacity.…