Tucker v. Crown Corp.

• Decision Date: 28 February 1941
• Parties: TUCKER et al. v. CROWN CORPORATION.
• Court: Florida Supreme Court

200 So. 844

146 Fla. 329

TUCKER et al. v. CROWN CORPORATION.

Florida Supreme Court, Division B.

February 28, 1941

Error to Circuit Court, Palm Beach County; C. E. Chillingworth Judge.

Foreclosure proceeding wherein Sydnor J. Tucker, as trustee of the estate of Bula E. Croker, bankrupt, intervened and wherein the Crown Corporation was made a party defendant and filed a petition. The trustee and John Magee moved to file an amended answer to the Crown Corporation's petition and the court denied the motion and entered an order appointing E. G. Newell, as receiver of the property in bankruptcy, and the Crown Corporation amended its petition to which trustee and Magee filed answers setting up usurious nature of contract relied on and the court struck all reference to defense of usury and movants bring certiorari.

Certiorari granted and judgment below quashed.

COUNSEL Paty, Warwick & Mooney, of West Palm Beach, for petitioner Sydnor J. tucker.

Coleman & Cook, of West Palm Beach, for petitioner John Magee.

E Harris Drew and J. W. Salisbury, both of West Palm Beach, for respondent.

OPINION

TERRELL Justice.

For full statement of the facts in this cause see Crown Corporation v. Robinson, 128 Fla. 249, 174 So. 737, and Tucker v. Crown Corporation, 136 Fla. 517, 183 So 740. It appears that suit was instituted to foreclose a mortgage on certain lands owned by Bula E. Croker who was adjudged a bankrupt after the foreclosure was instituted and Sydnor J. Tucker was appointed trustee in bankruptcy.

After the latter decision cited above, Tucker as trustee in bankruptcy and John Magee moved the Court for permission to file an amended answer to the petition of Crown Corporation for the purpose of raising the defense of usury in that certain transaction of October 5, 1931, between Crown Corporation and Bula E. Croker, they alleging that the availability of such a defense had only recently been discovered. The Court denied Tucker's and Magee's motion and entered an order appointing E. G. Newell as receiver of the property in bankruptcy. Crown Corporation amended its petition to which Tucker and Magee filed answers setting up the usurious nature of the said contract. The Court struck all reference to the defense of usury. All four orders are brought here for review on certiorari.

In this state of the record, the main question presented is whether or not a trustee in bankruptcy and judgment creditor may...