Ferst v. Blackwell
Supreme Court of Florida
Appeal from the Circuit Court for Suwanee county. STATEMENT. Appellants on March 22, 1888, began an action of' assumpsit against appellee in the Circuit Couht of Suwannee county, the first count of the declaration filed March 30, 1888, alleging in substance that on April 16, 1887, in consideration that plaintiffs, at the special instance and request of defendant, would sell and deliver to one E. J. McDaniel on credit all bills of goods that might be ordered or purchased by…
Read the full summary
Appeal from the Circuit Court for Suwanee county. STATEMENT. Appellants on March 22, 1888, began an action of' assumpsit against appellee in the Circuit Couht of Suwannee county, the first count of the declaration filed March 30, 1888, alleging in substance that on April 16, 1887, in consideration that plaintiffs, at the special instance and request of defendant, would sell and deliver to one E. J. McDaniel on credit all bills of goods that might be ordered or purchased by said McDaniel, not to exceed $1,000 at any one time, the defendant undertook, and then and there faithfully promised in…
1Opinion of the Court
(Carter, J.:
'The only error assigned is based upon the ruling of ’•the Circuit Court denying plaintiffs’ motion for a new trial. This requires us to determine whether the evidence was legally sufficient to sustain the verdict. The •issues tried in the court below were evidently framed .upon the theory that the paper sued upon was, upon its face, an offer of a continuing guaranty for the debts of McDaniel, requiring notice of its acceptance and notice of advances made or goods sold under it, in order to bind the defendant. It is here insisted by appellants that this paper was of such a…
2Cases cited17 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Davis Sewing MacHine Co. v. RichardsSupreme Court of the United States · 1885
- Cremer v. HigginsonU.S. Circuit Court for the District of Massachusetts · 1817
- Taussig v. ReidIllinois Supreme Court · 1893
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mamerow v. National Lead Co.Illinois Supreme Court · 1903
- FIDELITY NAT. BK OF S. MIAMI v. MeloDistrict Court of Appeal of Florida · 1979
- Des Rocher & Watkins Towing Co. v. Third National BankSupreme Court of Florida · 1932
- Punta Gorda Bank v. State BankSupreme Court of Florida · 1906
- Brandon v. PittmanSupreme Court of Florida · 1934
3 more not listed; retrieve them via the Exa API.