Martin v. Pensacola & Georgia Railroad
Supreme Court of Florida
This case was decided at Tallahassee. Appeal from Leon Circuit Court. This was an action of assumpsit, instituted by the appellee against the appellant to recover the amount of subscription for stock in the said Company by Martin, the appellant. Defendant pleaded non assumpsit, and, by agreement of parties, all substantial defences were to be admitted under that plea.
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This case was decided at Tallahassee. Appeal from Leon Circuit Court. This was an action of assumpsit, instituted by the appellee against the appellant to recover the amount of subscription for stock in the said Company by Martin, the appellant. Defendant pleaded non assumpsit, and, by agreement of parties, all substantial defences were to be admitted under that plea. The record contains á bill of exceptions embracing the testimony offered at the trial and the rulings of the Court thereon, and the instructions given and refused by the Court below to the jury, as follows, viz: The counsel for…
1Opinion of the Court
DuPONT, J.,
'delivered tbe opinion of the 'Court.
This is a case of 'a chartered Railroad Company suing a recusant stockholder, to recover in an action of assumpsit the amount assessed upon his subscription to the capital stock of the Company. The stockholder pleaded simply “non-assumpsit,” with the privilege of giving in evidence under that plea all substantial matters of defence. The defence attempted to be set up at the trial was, that the Company, by the acceptance of the provisions of the Internal Improvement act of 1855, and by amendments obtained from the Legislature subsequent to the…
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