The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

View Entire Chapter

F.S. 68.06

68.06 Actions upon negotiable and other instruments; consideration, etc.—All bonds, notes, covenants, deeds, bills of exchange, and other written instruments not under seal have the same force and effect (so far as the rules of pleading and evidence are concerned) as bonds and instruments under seal. The assignment or endorsement of any instrument vests the assignee or endorsee with the same rights, powers, and capacities as were possessed by the assignor or endorser. The assignee or endorsee may bring action thereon. It is not necessary for the plaintiff in any action on an instrument assignable by law to allege the consideration on which the instrument was given or on which the assignment or endorsement was made nor to prove the consideration or the execution of the instrument, unless it is denied by the defendant under oath. An executor or administrator may deny the execution or consideration by answer not under oath.

History.—ss. 24, 33, 36, Nov. 23, 1828; RS 1073; GS 1465; RGS 2664; CGL 4330; s. 2, ch. 29737, 1955; s. 22, ch. 67-254.

Note.—Former s. 52.08.

F.S. 68.06 on Google Scholar

F.S. 68.06 on Casetext

Amendments to 68.06

Arrestable Offenses / Crimes under Fla. Stat. 68.06

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.06.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WANE v. LOAN CORPORATION,, 926 F. Supp. 2d 1312 (M.D. Fla. 2013)

. . . . § 226.19(a); (11) denial of consideration and execution pursuant to Florida Statute § 68.06; (12) ineffective . . .

In WILLIS, In In In, 460 B.R. 784 (Bankr. D. Kan. 2011)

. . . In Rohr, for instance, Golden Plains received payments of as little as $68.06 and up to $346.94. . . .

In L. JONES, L. v., 366 B.R. 584 (Bankr. E.D. La. 2007)

. . . The Court notes that according to Wells Fargo’s accounting, $68.06 remains owing to Debtor on this account . . .

UNITED STATES v. PHILIP MORRIS USA, INC. f k a, 449 F. Supp. 2d 1 (D.D.C. 2006)

. . . Australasia Holdings is owned 68.06% by BAT Holdings (Australia) BV (formerly known as Roth-mans Australia . . .

In HOFFINGER INDUSTRIES, INC. v. J. M. Co., 327 B.R. 389 (Bankr. E.D. Ark. 2005)

. . . King, Collier on Bankruptcy, ¶ 68.06, at 1785 (14th ed.1976)). . . .

GEORGIA, v. ASHCROFT,, 195 F. Supp. 2d 25 (D.D.C. 2002)

. . . Performance score of 84.72%, and the Democratic performance rates for the individual election years of 1996 (68.06% . . .

HERNANDEZ, v. TROUT CREEK DEVELOPMENT CORPORATION, a, 779 So. 2d 360 (Fla. Dist. Ct. App. 2000)

. . . See § 68.06, Fla. Stat. (1997). . . .

PALM POINT PROPERTY OWNERS ASSOCIATION OF CHARLOTTE COUNTY, INC. v. PISARSKI, 626 So. 2d 195 (Fla. 1993)

. . . to act as assignee of the benefit of covenant in deed had standing to enforce covenant); see also, § 68.06 . . .

THOMAS v. CAUDILL,, 150 F.R.D. 147 (N.D. Ind. 1993)

. . . See 7 Moore’s Federal Practice, § 68.06(3) at p. 68-21. . . .

In KORS, INC. D. ROBINSON, v. THE HOWARD BANK,, 104 B.R. 648 (D. Vt. 1989)

. . . ), the sum of $184,000, with interest, for the total amount of $346,060.00; thereafter interest of $68.06 . . .

In CENTURY BRASS PRODUCTS, INC. BANK OF BOSTON CONNECTICUT, v. CENTURY BRASS PRODUCTS, INC., 97 B.R. 152 (Bankr. D. Conn. 1989)

. . . Moore, Collier On Bankruptcy 11 68.06 at 886.1 (14th ed. 1978) (footnotes omitted). . . .

CHEEK, v. McGOWAN ELECTRIC SUPPLY CO., 511 So. 2d 977 (Fla. 1987)

. . . Amendment to Rule of Federal Civil Procedure 68; see also 7 Moore’s Federal Practice §§ 68.01[4] and 68.06 . . .

CHARLES, v. CHARLES,, 788 F.2d 960 (3d Cir. 1986)

. . . the Fifty States: An Overview, 18 Fam.L.Q. 369, 379 (1985). . 3 Sutherland, Statutory Construction § 68.06 . . .

CHEEK, v. McGOWAN ELECTRIC SUPPLY CO., 483 So. 2d 1373 (Fla. Dist. Ct. App. 1985)

. . . Appellant does, however, quote the following from 7 Moore’s Federal Practice § 68.06, which supports . . .

MAREK v. CHESNY, ESTATE OF CHESNY, 473 U.S. 1 (U.S. 1985)

. . . See generally 12 Wright & Miller §§3001, 3005; 7 Moore ¶ 68.06. Hensley v. Eckerhart, 461 U. . . .

DEPENDABLE INSURANCE COMPANY v. RILEY,, 6 Fla. Supp. 2d 64 (Fla. Cir. Ct. 1984)

. . . Appellant relies on Section 68.06 Fla. Stats., which provides, in part, as follows: “. . . . . . At first blush it would appear the two statutes—Section 516.31(3) and Section 68.06—are at loggerheads . . . At best, Section 68.06 must be considered a general statute applicable in all cases unless excluded by . . .

In ANNE CARA OIL COMPANY, INC. SHELL OIL COMPANY, v. ANNE CARA OIL CO. INC., 32 B.R. 643 (Bankr. D. Mass. 1983)

. . . of incurable default recognized by Asa Herzog and Lawrence King in 4 Collier on Bankruptcy Guide ¶ 68.06 . . .

In SAMBO S RESTAURANTS, INC., 24 B.R. 755 (Bankr. C.D. Cal. 1982)

. . . cross-default provisions as an artful device for precluding assumption. 4 Collier Bankruptcy Practice Guide, ¶ 68.06 . . .

In VAN DYK RESEARCH CORPORATION a VAN DYK RESEARCH CORPORATION, a v. SCM CORPORATION, a, 13 B.R. 487 (Bankr. D.N.J. 1981)

. . . Hamilton National Bank, 303 U.S. 245, 58 S.Ct. 568, 82 L.Ed. 819 (1938); 4 Collier on Bankruptcy, ¶ 68.06 . . .

DELTA AIR LINES, INC. v. AUGUST, 450 U.S. 346 (U.S. 1981)

. . . Lucas, Moore’s Federal Practice ¶ 68.06, p. 68-13 (1979) (emphasis supplied). . . .

In JOHNSON, GOLDSTEIN, S. v. McLEAN BANK,, 552 F.2d 1072 (4th Cir. 1977)

. . . existing obligations may be effected or sustained in bankruptcy . . . .” 4 Collier on Bankruptcy, ¶ 68.06 . . .

COPLAN PIPE AND SUPPLY COMPANY, a v. BEN- FRIEDA CORPORATION, a, 256 So. 2d 218 (Fla. Dist. Ct. App. 1972)

. . . Appellant next argues that it sued as an assignee for value of a holder in due course, citing § 68.06 . . . Russo, Fla.App.1970, 233 So.2d 134. . “68.06 Actions upon negotiable and other instruments; consideration . . .

O. WINDLE, P. P. v. SEBOLD, 241 So. 2d 165 (Fla. Dist. Ct. App. 1970)

. . . proof of which appears to be on the defendant notwithstanding the statutory language found in Section 68.06 . . .

v., 389 U.S. 921 (U.S. 1967)

. . . Proe. 68 and 7 Moore, Federal Practice §§68.01-68.06 (1966). . . .

WILLARD GLEESON, INDIVIDUALLY AND AS PRESIDENT AND PRINCIPAL OWNER OF BROADCASTING CORPORATION OF AMERICA, AND ITS STOCK v. THE UNITED STATES, 140 Ct. Cl. 265 (Ct. Cl. 1957)

. . . . $68.06 is now the verified amount. . . .

THE CENTRAL PACIFIC R. R. CO. v. THE UNITED STATES, 26 Ct. Cl. 109 (Ct. Cl. 1891)

. . . 2,445.18 Turntable, White Plains. 798.25 Roundhouse, Wadsworth. 10,675.66 Office and tool room, Wadsworth. 68.06 . . .