Florida Statute 68.06 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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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.

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Amendments to 68.06

Annotations, Discussions, Cases:

Cases Citing Statute 68.06

Total Results: 7 | Sort by: Relevance | Newest First

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Palm Pt. Prop. Owners' v. Pisarski, 626 So. 2d 195 (Fla. 1993).

Cited 6 times | Published | Supreme Court of Florida | 1993 WL 417198

...ponsit Property Owners' Ass'n v. Emigrant Indus. Sav. Bank, 278 N.Y. 248, 15 N.E.2d 793 (1938) (home-owners' association that was created by developer to act as assignee of the benefit of covenant in deed had standing to enforce covenant); see also, § 68.06, Fla....

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Windle v. Sebold, 241 So. 2d 165 (Fla. 4th DCA 1970).

Cited 5 times | Published | Florida 4th District Court of Appeal

...ter's lifetime. It may be that at the trial the defendant will be unable to offer any competent evidence to sustain such affirmative defense (the burden of proof of which appears to be on the defendant notwithstanding the statutory language found in Section 68.06, F.S....

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Escandar v. S. Mgmt. & Inv. Corp., 534 So. 2d 1203 (Fla. 3d DCA 1988).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 1988 WL 123803

...eement. A.E. Melton and Franklin Investment Company v. Michigan Trust Company, 93 Fla. 64, 111 So. 513 (1927); Fred S. Conrad Construction Company v. Exchange Bank of St. Augustine, 178 So.2d 217 (Fla. 1st DCA 1965); 4 Fla.Jur.2d, Assignments § 16; Section 68.06 Florida Statutes (1983)....

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Coplan Pipe & Supply Co. v. Ben-Frieda Corp., 256 So. 2d 218 (Fla. 3d DCA 1972).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 10 U.C.C. Rep. Serv. (West) 408

...402, 7 So.2d 465 (en banc); Rogers v. Visioneering Concrete Construction Company, Fla.App. 1963, 155 So.2d 163; VIII Wigmore, Evidence (McNaughton Rev., 1961) § 2199, p. 115. Appellant next argues that it sued as an assignee for value of a holder in due course, citing § 68.06, Fla....

...PE, and as of March 31, 1969 $242,410.94 was owed by COPLAN PIPE to the Bankrupt, DADE PLUMBING, INC." * * * * * * NOTES [1] Young v. Metropolitan Dade County, Fla. App. 1967, 201 So.2d 594, 596; Goldberg v. Russo, Fla.App. 1970, 233 So.2d 134. [2] "68.06 Actions upon negotiable and other instruments; consideration, etc....

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Cheek v. McGowan Elec. Supply Co., 483 So. 2d 1373 (Fla. 1st DCA 1986).

Cited 2 times | Published | Florida 1st District Court of Appeal

...[9] 38 Am.Jur.2d Guaranty § 59; 37 Am.Jur.2d Fraud and Deceit § 147. Stern's Law of Suretyship (5th ed.) § 7.16; 28 Fla.Jur.2d Guaranty § 47; Lambert v. Heaton, 134 So.2d 536 (Fla. 1st DCA 1961); 21 Fla.Jur.2d Fraud §§ 39, 43. [10] Appellant does, however, quote the following from 7 Moore's Federal Practice § 68.06, which supports our decision: The above sentences in amended Rule 68 assure a party the right to make a second offer where the situation permits as, for example, where a prior offer was not accepted but the plaintiff's judgment is nullifi...

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Wane v. Loan Corp., 926 F. Supp. 2d 1312 (M.D. Fla. 2013).

Published | District Court, M.D. Florida | 2013 WL 672574, 2013 U.S. Dist. LEXIS 25245

consideration and execution pursuant to Florida Statute § 68.06; (12) ineffective endorsement and assignment of

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Hernandez v. Trout Creek Dev. Corp., 779 So. 2d 360 (Fla. 2d DCA 2000).

Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 4221, 2000 WL 367744

party, that is, the homeowners’ association. See § 68.06, Fla. Stat. (1997). The association’s authority

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