From our private database of 46,300+ case briefs, written and edited by humans—never with AI.
State Street Bank and Trust Co. v. Lord
Florida District Court of Appeals
851 So.2d 790 (2003)
- Written by Rose VanHofwegen, JD
Facts
Hartley Lord (defendant) borrowed money secured by a mortgage and promissory note. After a series of assignments, EMC Mortgage Corporation assigned the documents to State Street Bank (plaintiff). When State Street sued to foreclose, the note could not be found. As it turned out, neither State Street nor EMC ever had the original. Instead, the note had been lost before EMC acquired the rights to it. The trial court entered summary judgment for Lord because Florida law requires someone enforcing a lost note to have actually possessed it and had a right to enforce it when lost, or to have acquired it directly from someone who did. The bank then appealed.
Rule of Law
Issue
Holding and Reasoning (Stone, J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
