Taylor v. Baker
Supreme Court of Florida
Appeal from the late Superior Court of the Territory of Florida,, sitting for the counties of St. Johns and Musquito. — His honor Judge Douglas, having been counsel for the appellant in the court below, retired from the bench at the hearing in this Court.
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Appeal from the late Superior Court of the Territory of Florida,, sitting for the counties of St. Johns and Musquito. — His honor Judge Douglas, having been counsel for the appellant in the court below, retired from the bench at the hearing in this Court. Assumpsit on an instrument of writing, of which the following is a copy: I promise to pay to John Baker, on or before the first day of January, eighteen hundred and forty-three, the sum of three hundred dollars, provided he complies with an agreement made with me for his portion of land, which he is to receive from government as an actual…
1Opinion of the Court
Baitzb^l, Justice:
This is a suit on an agreement by Taylor to pay Baker $300, “ provided he complies with an agreement made with me for his portion of land, which he is to receive from Government as an actual settler.”
The defence was, a failure of consideration, established, it is alleged, by a deed, the provisions of which are claimed to be in violation of an act of 'Congress. This deed (being the agreement referred to in the note sued on,) is first asserted to be in violation of the act of Congress, approved 4th August, 1842, “providing for the armed occupation and settlement of the…
2Cases cited1 opinion
- Frear v. HardenberghNew York Supreme Court · 1810
3Cited by5 opinions
- Livingston v. L'EngleSupreme Court of Florida · 1886
- McNally v. State Ex Rel. Bond Realization Corp.Supreme Court of Florida · 1933
- Reid v. Southern Development Co.Supreme Court of Florida · 1906
- Judge v. MooreSupreme Court of Florida · 1860
- Chesser v. DePraterSupreme Court of Florida · 1884