First National Bank v. Savannah, Florida & Western Railway Co.
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. STATEMENT. Appellant was plaintiff, and appellees were defendants, in the Circuit Court.
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Appeal from the Circuit Court for Duval county. STATEMENT. Appellant was plaintiff, and appellees were defendants, in the Circuit Court. The declaration alleges plaintiff to be a corporation organized and doing business under the laws of the United States of America, and the defendants to be corporations doing business in the State of Florida; and that on the 19th day of December, 1889, in the county of Duval, and State of Florida, plaintiff and defendants entered into an agreement whereby the former agreed with the latter to guarantee to the city of Jacksonville the sum of $16,000 in case…
1Opinion of the Court
Mabry, C. J.:
Counsel for appellant say in their brief that but two questions arise on the assignment of error made: the first being whether the written agreement, found in the statement, imports a promise to pay interest from December 19th, 1889, or only from the date upon which the bank paid the checks; and the second is, whether a national bank can recover the consideration for an executed contract or guaranty. The case is presented here by both parties as if the bill of particulars, including the written agreement, was incorporated into and made a part of each count of the declaration. The…
2Cases cited4 opinions
- Robinson v. Dibble's AdministratorSupreme Court of Florida · 1880
- Waterman v. MattairSupreme Court of Florida · 1853
- Wilson v. FridenbergSupreme Court of Florida · 1886
- Columbia County v. BranchSupreme Court of Florida · 1893
3Cited by18 opinions
- McGhee Interests, Inc. v. Alexander National BankSupreme Court of Florida · 1931
- L'Engle v. Scottish Union & National Fire InsuranceSupreme Court of Florida · 1904
- McNair & Wade Land Co. v. AdamsSupreme Court of Florida · 1907
- Langley v. OwensSupreme Court of Florida · 1906
- State v. Seaboard Air Line RailwaySupreme Court of Florida · 1908
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