Miller & Criglar v. Kingsbury
Supreme Court of Florida
This case was decided at Marianna. Appeal from Santa Eosa county. This was an action of assumpsit. Besides the usual money counts, the declaration contained a special count, as follows : “For that whereas the said defendant Miller, on the 16th day of May, 1855, made and delivered to the said John Kingsbury his certain promissory note in writing in the following words and figures, to writ: On the sixteenth day of December next, I promise to - pay to John Kingsbury, or order,…
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This case was decided at Marianna. Appeal from Santa Eosa county. This was an action of assumpsit. Besides the usual money counts, the declaration contained a special count, as follows : “For that whereas the said defendant Miller, on the 16th day of May, 1855, made and delivered to the said John Kingsbury his certain promissory note in writing in the following words and figures, to writ: On the sixteenth day of December next, I promise to - pay to John Kingsbury, or order, seven hundred and fifty-four dollars and thirty-one cents in lumber, at the mill on East Bay, said lumber to be valued…
1Opinion of the CourtDuPONT, J.
This was an action of assumpsit brought by the appellee against the appellants upon a written agreement, which contained a promise to pay a certain sum of money in lumber, to be delivered at a certain place and to be valued by certain persons therein named, according to a bill to be furnished by the payee. The declaration contained a special count on the agreement, and very improperly designated it a “ promissory note.” The usual money counts were also embraced in the declaration. Seven pleas were interposed by the defendants below, all of which were replied to except the last, to which there…
2Cited by4 opinions
- Clements v. StateSupreme Court of Florida · 1906
- Russ v. MitchellSupreme Court of Florida · 1865
- Myrick v. MerrittSupreme Court of Florida · 1886
- Hanley v. Gables Trust Co.Supreme Court of Florida · 1941