Fuller Inc. v. Jonsberg, Inc., (1932)
Court: Supreme Court of Florida
Number:
Visitors: 13
Judges: PER CURIAM. —
Attorneys: Thos. A. Cunniff, for Appellant;
Mack, Ellis Watson, for Appellee.
Filed: Nov. 28, 1932
Latest Update: Mar. 02, 2020
Summary: This appeal is from a final decree for the complainant in a suit to foreclose a mortgage brought by a corporation assignee against a corporation the mortgagor. It appears that the mortgage was executed by Fuller Incorporated, a corporation, to Walter P. Fuller who assigned to Frank F. Jonsberg, who assigned to Frank F. Jonsberg Incorporated, a corporation, the complainant below. A paragraph of the answer of the defendant, Fuller Incorporated, averred facts relating to a transaction alleged to sh
Summary: This appeal is from a final decree for the complainant in a suit to foreclose a mortgage brought by a corporation assignee against a corporation the mortgagor. It appears that the mortgage was executed by Fuller Incorporated, a corporation, to Walter P. Fuller who assigned to Frank F. Jonsberg, who assigned to Frank F. Jonsberg Incorporated, a corporation, the complainant below. A paragraph of the answer of the defendant, Fuller Incorporated, averred facts relating to a transaction alleged to sho..
More
The averments as to usury contained in the answer related to transactions between individuals not parties to the suit, therefore it was not necessary to discuss the constitutionality of the Act forbidding corporations to interpose the defense of usury. Section 60, Chapter 10096, Acts of 1925. The allegations of the bill of complaint were sufficient as a basis for allowing attorney fees.
Rehearing denied.
BUFORD, C.J. AND WHITFIELD, TERRELL AND DAVIS, J.J., concur.
Source: CourtListener
