Cotten v. Williams
Supreme Court of Florida
Appeal from Leon Superior Court, transferred from the late Court of Appeals. The facts and pleadings are fully set forth in the opinion of. the Coprt. , 1st. There being neither a scrawl nor a seal to Cotten’s name, it was not his bond.' 2nd. Cotten having signed the instrument after its negotiation, and after the death of one of the obligees (Nuttall,) his contract must have been either with the original obligees, Nuttall, Braden and ' Craig, or with the present holder.
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Appeal from Leon Superior Court, transferred from the late Court of Appeals. The facts and pleadings are fully set forth in the opinion of. the Coprt. , 1st. There being neither a scrawl nor a seal to Cotten’s name, it was not his bond.' 2nd. Cotten having signed the instrument after its negotiation, and after the death of one of the obligees (Nuttall,) his contract must have been either with the original obligees, Nuttall, Braden and ' Craig, or with the present holder. If with the former, the instrument was void as to him ab initio by the law of nature, as well as the law of the land,…
1Opinion of the Court
Douglas, Chief Justice:
This is an action of debt, instituted by Robt. W. Williams, Trustee, &c., against Frederick R. Cotten, in the Superior Court of the Middle District of Florida, for Leon county, upon a written instrument, a copy of which is contained in the bill of exceptions, that makes a part of the record in this cause.
The declaration contains two counts — the first upon said written instrument, and the second upon an account stated.
The pleas are — First: Non est factum — (not sworn to.) Second: A special plea, alleging: “ That long after the said writing obligato ry had been signed,…
2Cases cited6 opinions
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Mowry v. ToddMassachusetts Supreme Judicial Court · 1815
- Dunn v. SnellMassachusetts Supreme Judicial Court · 1819
- Quiner v. Marblehead Social InsuranceMassachusetts Supreme Judicial Court · 1813
- Brown v. President of the Maine BankMassachusetts Supreme Judicial Court · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Bacon v. GreenSupreme Court of Florida · 1895
- Williams v. Peninsular Grocery Co.Supreme Court of Florida · 1917
- Boulevard Nat. Bank of Miami v. Air Metals Indus., Inc.Supreme Court of Florida · 1965
- Sewell v. HuffstetlerSupreme Court of Florida · 1922
11 more not listed; retrieve them via the Exa API.