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MARKS BROTHERS PAVING CO. v. MT. VERNON HOMES, INC.

No. 62-664.

156 So.2d 787 (1963)

MARKS BROTHERS PAVING CO. a Florida corporation, Appellant, v. MT. VERNON HOMES, INC., a Florida corporation, David Weinstein, Michael Melfa, Abraham Kasow and Jack Schenkman, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 29, 1963.

Attorney(s) appearing for the Case

George S. Giourgas, Miami, for appellant.

A. Budd Cutler and Stanley S. Phillips, Miami, for appellees.

Before CARROLL, TILLMAN PEARSON, and HENDRY, JJ.

CARROLL, Judge.

The appellant filed an action on two promissory notes, against the maker, Mt. Vernon Homes, Inc., and four indorsers, David Weinstein, Michael Melfa, Abraham Kasow and Jack Schenkman. The complaint alleged the individuals were accommodation indorsers. Attached thereto were copies of the notes showing the indorsements, preceded by the following language: "In case of default payment of this note guaranteed by:" Defendants answered and the case was tried...

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