Robinson v. Springfield Co.
Supreme Court of Florida
This is an appeal from an order of the Circuit Court forDuval county overruling a demurrer to a bill in chancery - The bill was filed December 12, 1882, by the appellee,, a body corporate, against Calvin L. Robinson and Joseph D-Mitchell, as Trustees and in their own right, Elizabeth, S'. Robinson, and Lucretia R. Foss, as Trustee and in her own right, Harvey Durkee and William L. Seymour, and against •J. O. Marcy, Jr., as Special Master in Chancery, and alleges : 1st. That…
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This is an appeal from an order of the Circuit Court forDuval county overruling a demurrer to a bill in chancery - The bill was filed December 12, 1882, by the appellee,, a body corporate, against Calvin L. Robinson and Joseph D-Mitchell, as Trustees and in their own right, Elizabeth, S'. Robinson, and Lucretia R. Foss, as Trustee and in her own right, Harvey Durkee and William L. Seymour, and against •J. O. Marcy, Jr., as Special Master in Chancery, and alleges : 1st. That Calvin L. Robinson and Mitchell, on October 26, 1869, executed to Wm. M. Bostwick and wife two promissory notes, each…
1Opinion of the CourtJustice Raney
I. The first point made by appellants is that the appellee cannot maintain this bill in its own name. In 1st Daniel’s . C. P. & P., 198, it is said : “ Where the subject matter in litigation is a legal chose in action which has been the subject of assignment, the assignor, or if dead his personal representative, should be a party ; for, as an assignment of a chose in action is not recognized in a court of law, and is only considered good in equity, the recovery in equity by ,the assignee would be no answer to an action at law by the assignor in whom the legal right to sue still remains, and…
2Cases cited48 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Beck v. BurdettNew York Court of Chancery · 1829
- Jones v. GreenSupreme Court of the United States · 1864
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3Cited by53 opinions
- Bay View Estates Corp. v. SoutherlandSupreme Court of Florida · 1934
- George E. Sebring Co. v. O'RourkeSupreme Court of Florida · 1931
- Murrell v. PetersonSupreme Court of Florida · 1909
- Luria v. Bank of Coral GablesSupreme Court of Florida · 1932
- Boulevard Nat. Bank of Miami v. Air Metals Indus., Inc.Supreme Court of Florida · 1965
48 more not listed; retrieve them via the Exa API.