Legal Opinion

Buffington v. Quackenboss

Supreme Court of Florida

Decided July 1, 1853PublishedCited by 10 opinions

Appeal from tbe Circuit Court for Duval County, The point presented in this case will be found in the opinion of the Court.

1Opinion of the Court

SEMjVIES, J.:

This was an action of assumpsit, founded on a promissory note. The defendant in the Court below, filed an account exceeding in amount the plaintiff’s demand, and which, under the provision of our statute, he plead as a set-off.

At the trial term, the Court, on motion of plaintiff’s counsel, ordered the cause to be dismissed, to which the counsel for defendant excepted, and assigned the same as error.

The statute which authorizes proper subjects of set-off to-be pleaded, gives the defendant the right to have judgment for the balance which the jury, on the trial of the cause,, may…

2Cited by10 opinions

  1. Goldstein v. Great Atlantic & Pacific Tea CompanyDistrict Court of Appeal of Florida · 1962
  2. West Coast Fruit Co. v. HackneySupreme Court of Florida · 1929
  3. Birmingham Trust & Savings Co. v. Jackson County Mill Co.Supreme Court of Florida · 1899
  4. Florida East Coast Railway Company v. LewisDistrict Court of Appeal of Florida · 1964
  5. Johns v. PucaDistrict Court of Appeal of Florida · 1962

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