Ferguson v. Porter
Supreme Court of Florida
AppeaJ. from a judgment rendered at the spring term, 1849, of the Circuit Court of the County of Monroe, the Hon. Joseph B. Lancaster, Judge of the Southern Circuit, presiding, on the trial of the cause in the Court below.
Read the full summary
AppeaJ. from a judgment rendered at the spring term, 1849, of the Circuit Court of the County of Monroe, the Hon. Joseph B. Lancaster, Judge of the Southern Circuit, presiding, on the trial of the cause in the Court below. The jury found a verdict for the appellee, under the instructions given by th" badge — a full statement of which, together with the pleadings in íhn case, and the evidence adduced at the trial, will be found in the opinion pronounced by Ch. J. Douglas in this Court.
1Concurring in part, dissenting in part
BALTZELL, J.,
Not concurring altogether in the views expressed by the Chief Justice, delivered the following:
I concur in the opinion expressed as to the instruction asked by> *40plaintiff. The instruction given at the instance of defendant was, “ that no good or valid consideration for the undertaking of Porter, alleged in the declaration, was set up by plaintiff, or proved.” The sufficiency of the pleadings was not matter proper to be submitted to the jury, nor is it to be inferred (although the instruction is somewhat ambiguous) that the counsel either asked, or the Court gave, an instruction…
2Cases cited1 opinion
- Keith v. KreidelWashington Supreme Court · 1892