MASTRY v. ST. PETERSBURG BANK & TRUST COMPANY

No. 5566.

185 So.2d 481 (1966)

D. Eugene MASTRY, Appellant, v. ST. PETERSBURG BANK & TRUST COMPANY, a Florida Banking Corporation, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied May 3, 1966.


Attorney(s) appearing for the Case

J. de R. Capps, of Ruiz & Capps, St. Petersburg, for appellant.

H. Rex Owen, of Bussey, Simmons & Owen, St. Petersburg, for appellee.


DEKLE, HAL P., Associate Judge.

This appeal is from a summary judgment for the appellee-bank which was plaintiff below, on a series of five bearer notes totaling $10,000.00. The bank claims to be a holder in due course for value and defendant (appellant) Mastry, as maker of the notes, denies this and additionally asserts failure of consideration and further that as an accommodation maker that prior to delivery he revoked and withdrew his accommodation. The admitted...

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