Spofford v. Hanna , 102 Fla. 261 ( 1931 )

Davis, J.

(Concurring specially) : — I think the declaration showed a prima facie cause of action in favor of plaintiff and that it was error to sustain a demurrer to it. At the same-time the manner of execution of the notes and mortgage is such as to entitle defendant to show

by plea that he is not personally liable. There is more to this ease than if the mere word “trustee” or “as trustee” had been added. I therefore concur in the reversal.

Whitfield and Terrell, J.J., concur.