Tomasello, Jr. v. Walton

— In this case Walton sued the Bank of Okeechobee on common counts, claiming damages in the sum of $50,000.00 and as bill of particulars to his declaration attached the following:

“To money paid to Bank of Okeechobee on subscription to stock in proposed Okeechobee Bank & Trust Co............................... $1500.00

To interest on 1500.00 from date of payment”

To the declaration the defendant filed two pleas, the first of which was “Never was indebted as alleged”, and the second was as follows:

‘ ‘ Said defendant is an insolvent Florida Banking Corporation, and prior to the appointment of a…