Long v. Allen
Supreme Court of Florida
This case was brought up by writ of error from Jackson Circuit Court. The action, which was assumpsit, was brought by Allen, as administrator of Richard C. Allen, deceased, for the use of the Kentucky Asylum for teaching the deaf and dumb, and was founded upon a note given by Richard H. Long, the plaintiff in error, to the said Richard C. Allen in his life time, and which, it was admitted, was given, to secure the purchase money for the northwest quarter of section…
Read the full summary
This case was brought up by writ of error from Jackson Circuit Court. The action, which was assumpsit, was brought by Allen, as administrator of Richard C. Allen, deceased, for the use of the Kentucky Asylum for teaching the deaf and dumb, and was founded upon a note given by Richard H. Long, the plaintiff in error, to the said Richard C. Allen in his life time, and which, it was admitted, was given, to secure the purchase money for the northwest quarter of section twenty-two, in township five, of range ten, north and west, purchased from Allen, as the agent of the Deaf and Dumb Asylum of…
1Opinion of the Court
Opinion by
Justice Baltzell :
This is a suit on a promissory note, payable at the Union Bank of Florida, given for the purchase of a tract of land, and the defence is a failure of consideration, based upon an equitable right in a third person. The case was tried upon the evidence, without reference to the pleadings, the court instructing the jury as to the points presented. The propriety of these instructions is now raised in this court. The error assigned presents the main question in the case — that under the proof defendant was entitled to a verdict, on the ground that the title to the land…
2Cases cited3 opinions
- Evans v. GeeSupreme Court of the United States · 1837
- Van Eps v. Mayor of SchenectadyNew York Supreme Court · 1815
- Penfield v. CarpenderNew York Supreme Court · 1816
3Cited by3 opinions
- Randall v. BourguardezSupreme Court of Florida · 1887
- Mickler v. ReddickSupreme Court of Florida · 1896
- Reddick v. MicklerSupreme Court of Florida · 1887