Legal Opinion

McClenny v. Hubbard

Supreme Court of Florida

Decided January 15, 1884PublishedCited by 7 opinions

Appeal from the Circuit Court for Duval county. Trial before Mr. Wm. B. Young as Referee. Hubbard sued McClenny in assumpsit for merchandise sold to him. in May and June, 1881. Defendant denies the indebtedness. The cause was by consent referred to Wm. B. Young, as referee, who found in favor of plaintiff for the amount claimed, and a motion for a new trial having been overruled, judgment was. entered and defendant appealed.

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Appeal from the Circuit Court for Duval county. Trial before Mr. Wm. B. Young as Referee. Hubbard sued McClenny in assumpsit for merchandise sold to him. in May and June, 1881. Defendant denies the indebtedness. The cause was by consent referred to Wm. B. Young, as referee, who found in favor of plaintiff for the amount claimed, and a motion for a new trial having been overruled, judgment was. entered and defendant appealed. Plaintiff proved the shipment of the articles charged in the account to the defendant from time to time at the dates charged, and their value as charged. They were…

1Opinion of the Court

The Chief-Justice delivered the opinion of the court.

The only question in this case is as to the sufficiency of the testimony to charge defendant with the goods ordered by the Merrills. The Merrills, father and son, testify that defendant said he did not want to have dealings with Hub-hard, but told them to get things where they could be got the cheapest and he would pay the bill. McClenny denies the testimony of both on this subject, and says he told them he would pay no bill at Hubbard’s, but that he would pay for materials for building his mill which they should purchase at another store.…

2Cases cited2 opinions

  1. Vansteenburgh v. HoffmanNew York Supreme Court · 1853
  2. Woodin v. FosterNew York Supreme Court · 1853

3Cited by7 opinions

  1. Camp v. HallSupreme Court of Florida · 1897
  2. Hodges v. A. P. Fries & Co.Supreme Court of Florida · 1894
  3. State ex rel. Sanchez v. CallSupreme Court of Florida · 1895
  4. Tischler v. Apple & FinleySupreme Court of Florida · 1892
  5. Broward v. RocheSupreme Court of Florida · 1885

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