Randall v. Pettes
Supreme Court of Florida
Appeal from the Circuit Court of the Middle Circuit sitting for Leon county. Statement of case by RANDALL, C. J.: Suit was commenced February 12th, 1867, upon two promissory notes made by appellant, defendant below, to plaintiff, appellee, one for $350, dated Tallahassee, February 27th, 1862, with interest after maturity at 8 per cent., at nine months, and due November 27th, 1862, and one for $421, dated Tallahassee, January 18th, 1S62, with interest after maturity at 8 per…
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Appeal from the Circuit Court of the Middle Circuit sitting for Leon county. Statement of case by RANDALL, C. J.: Suit was commenced February 12th, 1867, upon two promissory notes made by appellant, defendant below, to plaintiff, appellee, one for $350, dated Tallahassee, February 27th, 1862, with interest after maturity at 8 per cent., at nine months, and due November 27th, 1862, and one for $421, dated Tallahassee, January 18th, 1S62, with interest after maturity at 8 per cent., at six months, and due July 18th, 1862. The defendant pleads, I. Non assumpsit. II. Actionem non, because, after…
1Opinion of the CourtRandall, C. J.
The en’ors assigned are properly reducible to two points, viz,:
1st. The proper construction of Ordinance No. VIII. of the convention of 1865; and 2d. The debtor’s right of appropriation of funds deposited by him in the bank, and to make the appropriation after the debt became due, and even after the funds so deposited had been entirely drawn out by him.
The ordinance referred to was adopted by a convention of delegates elected by the people soon after the close of the late war, while the countzy was in a peculiar condition on account of the war and its results.
*532It is unnecessary to consider, in…
2Cases cited5 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- U. States v. January & PattersonSupreme Court of the United States · 1813
- Stone v. SeymourCourt for the Trial of Impeachments and Correction of Errors · 1835
- The Mayor and Commonalty of Alexandria v. Patten and OthersSupreme Court of the United States · 1808
3Cited by6 opinions
- Consolidated Naval Stores Co. v. WilsonSupreme Court of Florida · 1921
- Merker v. Lake Region Packing Asso.Supreme Court of Florida · 1936
- Frieslander v. MahonDistrict Court of Appeal of Florida · 1981
- McElwain Associates, Inc. v. CulbrethDistrict Court of Appeal of Florida · 1982
- Adidas Distribution Central, Inc. v. Sporting Goods Management Inc.District Court of Appeal of Florida · 1991
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