Myrick v. Merritt
Supreme Court of Florida
Appeal from the Circuit Court for Jackson county. This is an action of assumpsit brought by the appellee against the appellant. On July 9th, 1883, the following order or request for the payment of money was drawn on the appellant: “Marianna, Fla., July 9, 1883. “Mrs. E. L. My rick: Please pay to A. Merritt five hundred and seventy dollars, balance due on house we are now building for you. “Hendrix & Jones.”
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Appeal from the Circuit Court for Jackson county. This is an action of assumpsit brought by the appellee against the appellant. On July 9th, 1883, the following order or request for the payment of money was drawn on the appellant: “Marianna, Fla., July 9, 1883. “Mrs. E. L. My rick: Please pay to A. Merritt five hundred and seventy dollars, balance due on house we are now building for you. “Hendrix & Jones.” The appellant accepted it as follows: “I accept the above when the house is finished according to contract and delivered. To pay said sum by the first of January, 1885, interest to…
1Opinion of the CourtJustice Raney
I. A demurrer to a plea reaches back to any essential defect in the declaration, or the count thereof, to which the plea has been tendered. Johnson vs. P. & P. R. Co., 16 Fla., 623 ; Wade vs. Doyle, 17 Fla., 522 ; Price vs. Drew, 18 Fla., 670; Stokes vs. Barrs, Ibid, 656. The defect in the plea in Russ vs. Mitchell, 11 Fla., 80, was one of mere form.
II. Before passing upon the sufficiency of the second count in the declaration, which the appellant contends is defective in substance, it is necessary to consider the nature of the instrument she is sued upon. Hendrix & Jones drew on July 9,…
2Cases cited15 opinions
- Blige v. StateSupreme Court of Florida · 1884
- Johnson v. Pensacola & Perdido RailroadSupreme Court of Florida · 1878
- Wade v. DoyleSupreme Court of Florida · 1880
- Russ v. MitchellSupreme Court of Florida · 1865
- Worthington v. MasonSupreme Court of the United States · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ballas v. Lake Weir Light & Water Co.Supreme Court of Florida · 1930
- Thomson v. KyleSupreme Court of Florida · 1897
- Sammis v. JamesSupreme Court of Florida · 1893
- Milligan v. KeyserSupreme Court of Florida · 1906
- Richardson v. StateSupreme Court of Florida · 1891
5 more not listed; retrieve them via the Exa API.