Salomon v. Pioneer Co-operative Co.
Supreme Court of Florida
Appeal from the Circuit Court for Jackson county. This is an action of trespass on the case upon promises. The declaration is in the common counts tor the price and value of goods sold and delivered “ by the plaintiff to the defendant at defendant’s request in a store account of defendant with the plaintiff,” and for money paid by plaintiff for defendant, and on an account stated. The open account, or “ bill of goods ” sued on, is filed with the declaration.
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Appeal from the Circuit Court for Jackson county. This is an action of trespass on the case upon promises. The declaration is in the common counts tor the price and value of goods sold and delivered “ by the plaintiff to the defendant at defendant’s request in a store account of defendant with the plaintiff,” and for money paid by plaintiff for defendant, and on an account stated. The open account, or “ bill of goods ” sued on, is filed with the declaration. The defendant, Salomon, filed three pleas, as follows : 1st. That before the action he had discharged and satisfied the plaintiff’s…
1Opinion of the CourtJustice Raney
I. The doctrine that a negotiable note or bill given by a debtor to his creditor for a. pre-existing debt is prima facie an extinguishment of such debt, obtains in but few States. In May & Sloan vs. Gamble, 14 Fla., 495, it is said that Maine, Vermont and Massachusetts are the only States in which it has prevailed, and that in them “ it has recently been modified to the extent that the giving and receiving of a new note for a prior indebtedness is presumptive evidence of payment.” In The Kimball, 3d Wall., 45, it is asserted that, “ by the general commercial law, as well of England as of the…
2Cases cited9 opinions
- Burdick v. GreenNew York Supreme Court · 1818
- Lyman v. President of the Bank of the United StatesSupreme Court of the United States · 1852
- Jackson ex dem. Genet v. WoodNew York Supreme Court · 1829
- Davidson v. Borough of BridgeportSupreme Court of Connecticut · 1831
- Mooring v. Mobile Marine Dock & Mutual InsuranceSupreme Court of Alabama · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Frank Herman & Co. v. WilliamsSupreme Court of Florida · 1895
- United States v. Carl Jonathan NillCourt of Appeals for the Fifth Circuit · 1975
- Harold W. Holcombe v. Solinger & Sons Co., Inc.Court of Appeals for the Fifth Circuit · 1956
- Capital National Bank of Tampa, Cross-Appellant v. J.A. Hutchinson, Jr., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1970
- King v. McConnellSupreme Court of Florida · 1909
8 more not listed; retrieve them via the Exa API.