FIRST NATIONAL BANK OF LIVE OAK v. DAVIS

No. H-430.

193 So.2d 228 (1966)

The FIRST NATIONAL BANK OF LIVE OAK, a Banking Corporation under the Laws of the United States, Appellant, v. William E. DAVIS, J.R. Davis and Irene Davis, Appellees.

District Court of Appeal of Florida. First District.

December 29, 1966.


Attorney(s) appearing for the Case

Greene, Ayres, Swigert & Cluster, Ocala, for appellant.

Pattillo, MacKay & McKeever, Ocala, for appellees J.R. and Irene Davis.


PER CURIAM.

This is an appeal by the plaintiff below from a final summary judgment in favor of the defendants, who were sued as endorsers on a note made by one William E. Davis to the plaintiff.

Although the maker's signature was followed by a seal, the endorsements were unsealed. The defendants pleaded the five year statute of limitations, which the plaintiff sought to overcome by showing part payment by the maker within the period of limitations.

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