Bay Nat. Bank & Trust Co. v. Mason
Decision Date | 12 September 1977 |
Docket Number | No. DD-343,DD-343 |
Citation | 349 So.2d 810 |
Parties | 22 UCC Rep.Serv. 1004 The BAY NATIONAL BANK AND TRUST COMPANY, Appellant, v. James R. MASON and Mary S. Johnson, Administratrix of the Estate of H. L. Johnson, Deceased, Appellees. |
Court | Florida District Court of Appeals |
C. Richard Watson of Isler, Higby, Brown & Smoak, Panama City, for appellant.
J. Ernest Collins of Collins & Thompson, Panama City, for appellees.
Bay National Bank appeals final judgment entered in favor of Mary S. Johnson, Administratrix of the Estate of H. L. Johnson, deceased, which discharged the estate from liability on two notes which the late H. L. Johnson had signed as an accommodation party. The notes were executed by James R. Mason as maker, against whom final judgment was entered in this proceeding and from which he has not appealed. Both notes were for six months duration. Both notes were renewed twice for two succeeding six month periods following agreement between the Bank and Mason. The notes, when originally executed, contained the following language:
"And all endorsers and sureties agree that this note may in whole or in part be extended or renewed after maturity from time to time without notice to them and without release of their liability hereon."
The court concluded that in the absence of evidence of consent by Johnson for renewal of the original notes, Johnson was discharged from his obligation on each of the notes. We reverse.
Section 673.118(6), Florida Statutes (1975), provides as follows:
(Emphasis supplied.)
The administratrix relies upon Section 673.606, Florida Statutes (1975) as supporting the judgment of discharge. Section 673.606(1) provides:
Appellee cites Fort Pierce Bank and Trust Company v. Sewall, 113 Fla. 811, 152 So. 617 (1934) and Card v. Commercial Bank at Daytona Beach, 119 So.2d 404 (Fla. 1st DCA 1960) for the principle that one who is secondarily liable on a negotiable instrument is discharged when the holder grants to the one primarily liable a valid and binding extension without the consent of the party secondarily liable. Appellee however overlooks the language contained in the two notes at the...
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In re Sanders, Bankruptcy No. ED 84-90M
...71 (App.1980) ("expressly agree that this note or any payment thereunder may be extended from time to time"); Bay Nat. Bank & Trust Co. v. Mason, 349 So.2d 810, 811 (Fla.App.1977) ("And all endorsers and sureties agree that this note may in whole or in part be extended or renewed after matu......
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In re Sanders, Bankruptcy No. ED 84-90M
...71 (App.1980) ("expressly agree that this note or any payment thereunder may be extended from time to time"); Bay Nat. Bank & Trust Co. v. Mason, 349 So.2d 810, 811 (Fla.App.1977) ("And all endorsers and sureties agree that this note may in whole or in part be extended or renewed after matu......
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In re Sanders
...71 (App.1980) ("expressly agree that this note or any payment thereunder may be extended from time to time"); Bay Nat. Bank & Trust Co. v. Mason, 349 So.2d 810, 811 (Fla.App.1977) ("And all endorsers and sureties agree that this note may in whole or in part be extended or renewed after matu......
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Mechanics Nat. Bank of Worcester v. Shear
...or other indulgence . . . shall discharge or otherwise affect the liability of any such . . . endorser." Bay Natl. Bank & Trust Co. v. Mason, 349 So.2d 810, 811-812 (Fla.App.1977). Moreover, mere delay is not the equivalent of an "agree(ment) to suspend," which is required for discharge by ......