RATHBUN v. MERCHANTS BANK OF MIAMI

No. 61-363.

138 So.2d 539 (1962)

F.J. RATHBUN, d/b/a Scarlett Truck Service, Donald J. Heller, Phillip Sacks, and Southern Materials of Mississippi, Inc., a Florida Corporation, Appellants, v. MERCHANTS BANK OF MIAMI, a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

March 15, 1962.


Attorney(s) appearing for the Case

Franks & Gordon, Miami, for appellants.

Nason & Gildan, West Palm Beach, Smathers & Thompson and Earl D. Waldin, Jr., Miami, for appellee.

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


PER CURIAM.

Appellants, defendants below, seek review of an adverse final decree foreclosing a chattel mortgage given to secure payment of a promissory note.

On January 8, 1959, plaintiff loaned defendants a sum of money receiving from defendants a promissory note and chattel mortgage. The note gave plaintiff the right to accelerate maturity in the event any installment was not paid within fifteen days after it became due. By the terms of the note, payments...

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