Greeley v. Whitehead
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. STATEMENT. Judgment was obtained in the Circuit Court in February, 1891, by appellee against appellant in an action-of assumpsit on a promissory note, and an appeal entered.
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Appeal from the Circuit Court for Duval county. STATEMENT. Judgment was obtained in the Circuit Court in February, 1891, by appellee against appellant in an action-of assumpsit on a promissory note, and an appeal entered. The note sued on is as follows: “Jacksonville, Fla., August 4, 1886. One year after date I promise to pay to the order of Newton Whitehead one thousand no-100 dollars, with interest from date at the rate of ten per cent, per an - mtm until paid, for value received; negotiable and payable at the Florida Savings Bank; and if not paid-at maturity this note may be placed in the…
1Opinion of the Court
Mabry, C. J.:
It is now the accepted doctrine in the United States-that in a suit-against the maker of a promissory note, payable at a particular time and place, it is not necessary to allege in the declaration a presentation for payment at the place named, or to prove such presentation at the trial in order to entitle the plaintiff to recover on such note. What was the English rule on the sub*529ject prior to the decision in Rowe vs. Young, 2 Brod. & Bing. 165, rendered in 1820, is uncertain, as there was great diversity of opinion on the subject among English judges. It was at that time decided…
2Cases cited12 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Hills v. . PlaceNew York Court of Appeals · 1872
- Forcheimer v. HollySupreme Court of Florida · 1872
- Montgomery v. TuttCalifornia Supreme Court · 1858
- Salisbury v. Renick & PetersonSupreme Court of Missouri · 1869
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3Cited by11 opinions
- Kreiss Potassium Phosphate Co. v. KnightSupreme Court of Florida · 1929
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- Rountree v. State Ex Rel. Georgia Bond & Mortgage Co.Supreme Court of Florida · 1931
- Highway Const. Co. of Ohio, Inc. v. City of MiamiCourt of Appeals for the Fifth Circuit · 1942
- Board of Public Instruction for Brevard County, Fla. v. OsburnCourt of Appeals for the Fifth Circuit · 1939
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