599 So. 2d 271 | Fla. Dist. Ct. App. | 1992
The owner-payee of a negotiable promissory note sued the makers-payors, alleging that the makers-payors had defaulted in
At trial
We affirm. See Gutierrez v. Bermudez, 540 So.2d 888 (Fla. 5th DCA 1989), Barber v. Ehrich, 394 So.2d 220 (Fla. 5th DCA 1981) (section 673.804, Florida Statutes, requisites) and Locke v. Pyle, 349 So.2d 813 (Fla. 1st DCA 1977), cert. denied, 357 So.2d 187 (1978); see also, Edwards v. Rives, 35 Fla. 89, 17 So. 416 (1895).
The owner of a lost, destroyed or stolen negotiable instrument may proceed under section 673.804, Florida Statutes, by direct action against the obligors (makers and endorsers) on the instrument without first re-establishing the lost, destroyed or stolen instrument in a separate action under section 71.011, Florida Statutes.
AFFIRMED.
. The owner-payee of the negotiable promissory note established as a fact that he, the original payee, still owned the note and that he had not negotiated it and the ownership had not otherwise been transferred from him in any manner.