White v. Camp
Supreme Court of Florida
Eeror to Leon Circuit Court. The facts are contained in the opinion of the Court, delivered by Justice Hawkins. > 1. The Court below erred, in determining upon .the 2d plea, affidavit, and notice of special matter, that it was necessary for the plaintiff to prove a consideration from Reese, the payee, to- defendant, the maker.
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Eeror to Leon Circuit Court. The facts are contained in the opinion of the Court, delivered by Justice Hawkins. > 1. The Court below erred, in determining upon .the 2d plea, affidavit, and notice of special matter, that it was necessary for the plaintiff to prove a consideration from Reese, the payee, to- defendant, the maker. First. .The 24th section of the. act to- amend an act regulating Judicial proceedings, approved November 23d, 1829, was intended to add to the force and effect of promissory notes ; but the effect of this section has been, to impair their force and effect, under the…
1Opinion of the Court
Hawkins, Justice:
The action in the Court below is of assumpsit, by Thomas U. White, the plaintiff in error, endorsee, against John G. Camp, maker of the following promissory note:
“$127 97-100. Sandusky City, Sept. 6, 1839.
“ Due on demand to William T. Reese or order, for value receiv- “ ed, one hundred and twenty-seven 97-100 dollars.
“ JOHN G. CAMP.
(Endorsed) — “ W. T. Reese.”'
The declaration contains a count upon the note, money counts, and account stated.
The defendant, Camp, put in three pleas: 1st, Non assumpsits *972d, That the promissory note sued upon was given and made without any lawful…
2Cases cited2 opinions
- Vallett v. ParkerNew York Supreme Court · 1831
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
3Cited by8 opinions
- Maddox v. StateSupreme Court of Florida · 2006
- Prescott v. JohnsonSupreme Court of Florida · 1859
- Sanchez's Administrator v. HartSupreme Court of Florida · 1880
- Reddick v. MicklerSupreme Court of Florida · 1887
- Biro v. GeiserSupreme Court of Florida · 1967
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