Hall v. Penny
Supreme Court of Florida
Writ of error to the Circuit Court for Escambia County. J. W. Hall & Co. brought an action of assumpsit against William Penny. The declaration contains but one count, which is for goods sold and delivered. The defendant pleaded the general issue, and a set-off of moneys due for goods sold and delivered, and for money had and received by plaintiff for the use of defendant. By consent a jury was waived and the case submitted to the court.
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Writ of error to the Circuit Court for Escambia County. J. W. Hall & Co. brought an action of assumpsit against William Penny. The declaration contains but one count, which is for goods sold and delivered. The defendant pleaded the general issue, and a set-off of moneys due for goods sold and delivered, and for money had and received by plaintiff for the use of defendant. By consent a jury was waived and the case submitted to the court. Under the plea of set-off, defendant introduced evidence of an agreement between himself and plaintiff to the effect that plaintiff agreed to ship a cargo of…
1Opinion of the CourtWestcott, J.
Defendant could have beeix entitled to set-off the amount ^allowed by the court in this case only upon one hypothesis, viz : That plaintiff’s conduct was of such character as gave Mm a right of action in which the measure of his damage was the value of this lumber at Pensacola. If defendant has any right of action in this mattei’, his remedy is either an action on the case for a wrongful sale or trover for a conversion. This is not the proper subject matter of a set-off, and the evidence to establish the tort was inadmissible under a plea of set-off of money had and received, or moneys due…
2Cited by4 opinions
- Griffing Bros. v. WinfieldSupreme Court of Florida · 1907
- Bates v. LanierSupreme Court of Florida · 1918
- Moulie v. HughesSupreme Court of Florida · 1891
- Brook v. Chase Bank (USA), N.A. (In re Acosta-Garriga)District Court, M.D. Florida · 2013