Citations
- 86 Fla. 376
Full opinion text
Whitfield, P. J.
The declaration and exhibits herein filed October 11, 1920, are as follows:
“In Circuit Court Eleventh Judicial Circuit of Florida, in and for Dade County.
W. S. Burkhart, Plaintiff, vs. J. I. Gowin, Defendant.— Declaration.
“Now comes the plaintiff, W. S. Burkhart, by his attorney, Lilburn E. Eailey, and brings this his suit against the defendant, J. I. Gowin, for that,
“Whereas, the defendant on the 14th day of December, 1918, by his promissory note now overdue promised to pay to the order of the plaintiff, W. S. Burkhart, on or before three months after date of said note the sum of $250.00, together with the interest thereon at the rate of eight per cent, per annum from date thereof until fuly paid, but did not pay same. Copy of note is hereto attached, marked Exhibit ‘A’ and made a part hereof.
“Second Count
“And the plaintiff further sues the defendant for that,
“Whereas, the defendant on the 1st day of February, 1919, by his promissory note, now overdue, promised to pay to the order of the plaintiff, W. S. Burkhart, sixty days after date thereof, the sum of $253.33, together with the interest thereon from date thereof until fully paid, but did not pay same. Copy of said note is hereto attached, marked Exhibit ‘B’ and made a part hereof.
“Third Count
“And the plaintiff further sues the defendant for that,
“Whereas, the defendant on the 1st day of February, 1920, by his promissory note of. said date, now overdue, promised to pay to the order of the plaintiff, W. S. Burk-hart, June 1st, next, after 'date of said note, the sum of $100.00, together with the interest thereon at the rate of eight per cent, per annum from date until paid, but did not pay same. Copy of said note is hereto attached, marked Exhibit ‘C’ and made a part hereof.
“Fourth Count
“And the plaintiff further sues the defendant for that,
“Whereas, the said defendant by each of said notes set forth in counts, one, two and three of this declaration, promised that in case same were not paid at maturity and same were placed in the hands of an attorney for collection or suit was brought thereon, to pay a reasonable attorney’s fee for bringing said suit or making such collection, and the plaintiff avers and says that neither of said notes were paid at maturity thereof and that all of said notes were past due-and unpaid and that all of said notes have been placed in the hands of an attorney for collection and suit has been brought thereon and that a reasonable attorney’s fee for bringing said suit is $200.00.
“Wherefore, on account of the matters set forth in the foregoing counts numbered one to four, both inclusive, the plaintiff- brings this his suit and alleges his damages in the sum of $1,500.00.
LILBURN R. RAILEY,
Attorney for Plaintiff.
“Exhibit ‘A’
No....... $250.00 Miami, Florida, Dec. 14, 1918.
“On or before three months after date, for value received I promise to pay to the order of W. S. Burkhart Two Hundred and fifty and no/100 Dollars at the Fidelity Bank & Trust Co. of Miami, Florida, with interest thereon at the rate of 8 per cent, per annum from date until fully paid. Interest payable semi-annually. The maker and endorser of this note further agree to waive demand, notice of non-payment and protest, and in case suit shall be brought for the collection hereof, or the same has to be collected upon demand of an attorney, to pay reasonable attorney’s fees for making such collection. Deferred inter-, est payments to bear interest from maturity at 10 per cent, per annum, payable semi-annually.
J. I. GOWIN, (Seal)
Due............................19....
“Exhibit ‘B’
No.......$253.33. Miami, Florida, Feb. 1st, 1919.
“Sixty days after date, for value received, I promise to pay to the order of W. S. Burkhart, Two Hundred and fifty-three-33/100 Dollars at the FIDELITY BANK & TRUST CO., of Miami, Florida, with interest thereon at the rate of......per cent, per annum from .......... until fully paid. Interest payable semi-annually. The maker and endorser of this note further agree to waive demand, notice of non-payment and protest, and in case suit shall be brought for the collection thereof, or the same has to be collected upon demand of an attorney, to pay reasonable attorney’s fees for making such collection. Deferred interest payments to bear interest from maturity at 8 per cent, per annum, payable semi-annually.
Due Apr. 2, 1919. J. I. GOWIN, (Seal)