Huling v. Florida Savings Bank & Real Estate Exchange
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. The appellee, who was plaintiff in the court below, brought suit in assumpsit against George D. Huling, the appellant, and by its amended declaration (the original declaration having been demurred to and the demurrer admitted by the plaintiff) alleged that the defendant, Huling, appointed and constituted the plaintiff his agent for the sale of certain coupon certificates owned by the defendant, and that he authorized, empowered…
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Appeal from the Circuit Court for Duval county. The appellee, who was plaintiff in the court below, brought suit in assumpsit against George D. Huling, the appellant, and by its amended declaration (the original declaration having been demurred to and the demurrer admitted by the plaintiff) alleged that the defendant, Huling, appointed and constituted the plaintiff his agent for the sale of certain coupon certificates owned by the defendant, and that he authorized, empowered and employed to make sale of such certificates at any price over fifty-five per cent, of their face value, and that…
1Opinion of the CourtJustice Westcott
The appellant says that judgment should have been arrested upon the ground that the amended declaration was not signed, and because the plaintiff failed to join issue upon the defendant’s pleas.
The first plea was the general issue that defendant “ did not promise as alleged.” The second, that he did not contract with plaintiff as alleged. This is but a repetition of the first plea, a denial of the promise or contract. Webster *704vs. Tiernan, 4 How., Miss., 355 ; Rule 74, Circuit Court Rules. The third plea is not responsive to any allegation in the declaration, and does not tender an issue.
As to…
2Cases cited11 opinions
- Schultz v. Pacific InsuranceSupreme Court of Florida · 1872
- State v. WilliamsSupreme Court of Alabama · 1831
- Whiting v. CochranMassachusetts Supreme Judicial Court · 1813
- Hyer v. VaughnSupreme Court of Florida · 1882
- Burk v. ClarkSupreme Court of Florida · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Southern Home Insurance v. PutnalSupreme Court of Florida · 1909
- Florida Railway & Navigation Co. v. WebsterSupreme Court of Florida · 1889
- Florida East Coast Railway Co. v. HayesSupreme Court of Florida · 1914
- Evans v. KloeppelSupreme Court of Florida · 1916
- Dudley v. WhiteSupreme Court of Florida · 1902
18 more not listed; retrieve them via the Exa API.