EMILE v. FIRST NATIONAL BANK OF MIAMI

No. 60-124.

126 So.2d 305 (1961)

Mary E. EMILE, Appellant, v. FIRST NATIONAL BANK OF MIAMI, a national banking corporation, Appellee.

District Court of Appeal of Florida. Third District.

January 26, 1961.


Attorney(s) appearing for the Case

Bond & Bright, Hialeah, and William H. Benson, Tampa, for appellant.

Scott, McCarthy, Preston, Steel & Gilleland and Richard H.W. Maloy, Miami, for appellee.


CARROLL, CHAS., Judge.

The appellee, The First National Bank of Miami, sued the appellant to collect the defaulted amount under a conditional sales contract which the bank had purchased and which appellant had guaranteed. We will refer to the parties as they appeared in the trial court.

The defendant filed a number of affirmative defenses and a set-off. The plaintiff moved to strike them. The trial court struck some, but denied the motion as to three of the...

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