Johnston v. Allen
Supreme Court of Florida
Appeal from the Circuit Court for Orange comity. . The plea of payment and the demurrer thereto referred to in the opinion are as follows: “And fora further plea in this behalf the defendant says that at the time the said draft was presented to him he refused to pay it unless it was indorsed by the payee thereof, J. M. Pearce, but consented to accept payment thereof, and agreeing to pay it whenever the said indorsement was made; that he was not aware of, nor had he any…
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Appeal from the Circuit Court for Orange comity. . The plea of payment and the demurrer thereto referred to in the opinion are as follows: “And fora further plea in this behalf the defendant says that at the time the said draft was presented to him he refused to pay it unless it was indorsed by the payee thereof, J. M. Pearce, but consented to accept payment thereof, and agreeing to pay it whenever the said indorsement was made; that he was not aware of, nor had he any knowledge that the said plaintiffs owned or claimed to own the said d,raft at the time of presentation to and acceptance by…
1Opinion of the Court
The Chief-Justice delivered the opinion of the court:
The appellees, R. T. P. Allen and Julia A. Allen, brought suit in the Circuit Court of Orange county against the appellant on a draft, of which the following is a copy:
“ Orlando, Aug. 12, 1881.
“ Mr. A. D. Johnston, Jr. At sight, pay to John M. Pearce two hundred and seventeen dollars.
A. D. Johnston, Sr.”
“ Accepted, Sept. 1st, 1881.
A. D. Johnston, Jr.”
The defendant filed a plea on equitable grounds, setting forth that the plaintiffs did not become possessed of said draft in the due course of trade, or for a valuable or legal consideration;…
2Cases cited2 opinions
- Spratt v. PriceSupreme Court of Florida · 1881
- Megowan v. WayCourt of Appeals of Kentucky · 1858
3Cited by11 opinions
- Bacon v. GreenSupreme Court of Florida · 1895
- M. M. Landy, Inc. v. John Nicholas, as Receiver of Continental Charterers, Inc., BankruptCourt of Appeals for the Fifth Circuit · 1955
- Hammond v. VetsburgSupreme Court of Florida · 1908
- Johnson v. DrewSupreme Court of Florida · 1894
- Maas v. German Savings BankAppellate Division of the Supreme Court of the State of New York · 1902
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