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EXCHANGE NATIONAL BANK OF CHICAGO v. COLE

No. 63-180.

161 So.2d 715 (1964)

The EXCHANGE NATIONAL BANK OF CHICAGO, a United States banking corporation, Appellant, v. Albert COLE and Frieda L. Cole, his wife, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 1, 1964.

Attorney(s) appearing for the Case

Ward & Ward and George O. Kluttz, Miami, for appellant.

Shorenstein & Lewis and Arthur J. Berk, Miami Beach, for appellees.

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

TILLMAN PEARSON, Judge.

This is an appeal from a final decree for the defendants in a suit to foreclose a mortgage. The decree was entered upon defendants' motion to dismiss the complaint for failure to state a cause of action. The defendants-appellees urge that it affirmatively appeared from the allegations of the complaint that the mortgage was in effect a guarantee of the payment of a note of a third party and that the guarantors were discharged from their undertaking...

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