MAYFLOWER, INC. v. SUSKIND

No. 58-591.

112 So.2d 394 (1959)

MAYFLOWER, INC., a Florida corporation, Appellant, v. Carl SUSKIND, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 17, 1959.


Attorney(s) appearing for the Case

Martin Yelen, Miami, for appellant.

Englander & Tendrich, Miami Beach, for appellee.


CARROLL, CHAS., Chief Judge.

Appellant, who was defendant below, seeks reversal of a judgment on a promissory note, which was entered against it in the amount of $13,175.13 plus attorney's fees and costs in the circuit court in Dade County.

The defendant's answer included a counterclaim asserting want of consideration. That defense, mistakenly included in the counterclaim, was entitled to be treated as though it had properly been set forth in the answer as...

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