Frater v. Baylen Street Wharf Co.

The defendant in error as plaintiff below sued the plaintiff in error as defendant below in the Circuit Court of Escambia County in an action of-assumpsit for the recovery of wharfage alleged to be due for the use of the plaintiff’s wharf in loading lumber and shingles thereon. The defendant filed a plea of never was indebted as alleged. The cause was submitted to the Circuit Judge for trial upon both the law and facts, a jury being waived. Judgment was rendered in favor of the plaintiffs for the full amount of its claim, and for review of this judgment the defendant brings the case here by…