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DOWNING v. FIRST NATIONAL BANK OF LAKE CITY

81 So.2d 486 (1955)

W.H. DOWNING and Anna B. Downing, his wife, Appellants, v. The FIRST NATIONAL BANK OF LAKE CITY, a banking corporation, Appellee.

Supreme Court of Florida. En Banc.

Rehearing Denied July 14, 1955.

Attorney(s) appearing for the Case

C.A. Avriett, Jasper, for appellants.

W.H. Wilson, Jr., and A.K. Black, Lake City, for appellee.

DREW, Chief Justice.

Appellants, W.H. Downing and his wife, Anna B. Downing, in February, 1926, executed jointly to appellee bank a $4,000 note secured by a mortgage on property the title to which was in the wife. In June, 1939, $2,828 remained due on the note and to take the account out of "past due status", the husband, alone, executed a new note to appellee for that sum payable July 1, 1939. Under the date of November...

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