FERNANDEZ v. CUNNINGHAM

No. 72-97.

268 So.2d 166 (1972)

Marilyn Kay FERNANDEZ As Administratrix Cta of the Estate of Sam Kay, Deceased, Appellant, v. Arthur B. CUNNINGHAM and Philip T. Weinstein, a Partnership, D/B/a Cunningham & Weinstein, Appellee.

District Court of Appeal of Florida, Third District.

October 24, 1972.


Attorney(s) appearing for the Case

Taylor, Brion, Buker, Hames, Greene & Whitworth, and Thomas M. Carney, Miami, for appellant.

Cunningham & Weinstein, Miami, for appellee.

Before BARKDULL, C.J., and CHARLES CARROLL and HAVERFIELD, JJ.


CARROLL, Judge.

The defendant below appeals from a summary judgment entered in favor of the plaintiffs in an action on a promissory note. The note was dated September 1, 1965. The maker was Sam Kay. The payee was Investments, S.A., Inc. It was for the principal sum of $220,000, with a provision for payment of interest in an unstated amount. The due date was September 1, 1970. The note involved bears the general endorsement of the payee.

The complaint alleged...

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