SCHANKER v. WOLLOWICK

No. 61-751.

143 So.2d 509 (1962)

Jean SCHANKER and Samuel Schanker, Her Husband, Appellants, v. Rubin WOLLOWICK, Appellee.

District Court of Appeal of Florida. Third District.

July 31, 1962.


Attorney(s) appearing for the Case

Burnett Roth and Theodore M. Trushin, Miami Beach, for appellants.

Rosenberg, Rosenberg & Reisman, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and HORTON and BARKDULL, JJ.


BARKDULL, Judge.

The appellants seek review of a final judgment, rendered subsequent to a non-jury trial, adjudicating that the appellants were liable on a certain promissory note given to the appellee.

The defense urged by the appellants was payment of the note. This was in the nature of an affirmative defense and required them to sustain the burden of proof. Bacon v. Green, 36 Fla. 325, 18 So. 870; Heitman v. Davis, 127 Fla. 1, 172 So. 705; Hough v. Menses...

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