Comerford v. Cobb
Supreme Court of Florida
This case came up on writ of error from Jackson Circuit Court. An action of debt was brought in that court by Christopher C. Cobb, administrator de bonis non of James W. Exum, on the instrument stated and set forth in the opinion delivered by the court, against Philip Comerford, the plaintiff in error in this Court.
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This case came up on writ of error from Jackson Circuit Court. An action of debt was brought in that court by Christopher C. Cobb, administrator de bonis non of James W. Exum, on the instrument stated and set forth in the opinion delivered by the court, against Philip Comerford, the plaintiff in error in this Court. Comerford pleaded the statute of limitations — to which plea, Cobb, the plaintiff below, demurred, and for cause of demurrer, showed that the instrument sued on was a specialty, to which the statute pleaded does not apply. The demurrer was sustained by the court; and the only…
1Opinion of the CourtJustice LakoasteR
The plaintiff, C. C. Cobb, Administrator, &c., brought suit in the Court below against P. Comerford, the defendant in that Court and plaintiff in error here, in an action of debt, and declared upon a writing obligatory. 'At. the bottom of his declaration a copy of the cause of action is set forth in these words, viz :
“ Twelve months after date we or either of us promise to pay Frederick L. Ming, Executor to the estate of James W. Exum, deceased, the sum of one hundred and forty-nine dollars and fifty cents, for value received. December 29th, 1838.
(Signed) “H. J. MARLY, [Seal.]
“ CHARLES TRIPP,…
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