Legal Opinion

Hart v. Dorman

Supreme Court of Florida

Decided January 15, 1849PublishedCited by 8 opinions

Appeal from Duval Circuit Court. The plaintiff, Dorman, brought an action of assumpsit to the Spring Term, 1848, of the Circuit Court for the County of Duval, against Hart, the defendant below. The suit was founded on a promissory note, on which partial payments had been made, and the interest was calculated according to the rule laid down in the opinion of the court, and the payments applied according to that rule.

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Appeal from Duval Circuit Court. The plaintiff, Dorman, brought an action of assumpsit to the Spring Term, 1848, of the Circuit Court for the County of Duval, against Hart, the defendant below. The suit was founded on a promissory note, on which partial payments had been made, and the interest was calculated according to the rule laid down in the opinion of the court, and the payments applied according to that rule. At the Fall Term, 1848, of said court, Judge Hawkins presiding, plaintiff moved the court for a judgment by default in this cause ; and it was ordered that said motion be granted,…

1Opinion of the CourtChief Justice Douglas

delivered the following opinion :

This suit is founded upon a promissory note, upon which several payments were made after it fell due, leaving, however, a balance unpaid, for which a judgment was rendered against the defendant— from which he appealed to this Court.

No errors have been assigned, and the only one alleged by the counsel for the appellant in the argument of the case, was as to the calculation of interest, and the application of the partial payments. How that was done is not stated in the record ; but we understand, from the course of the argument, that the payments were applied in…

2Cases cited1 opinion

  1. Penrose v. Hart, Pennsylvania Court of Common Pleas, Philadelphia County1788

3Cited by8 opinions

  1. Ohio Savings Bank & Trust Co. v. Willys CorporationCourt of Appeals for the Second Circuit · 1925
  2. Merritt v. JenkinsSupreme Court of Florida · 1880
  3. Pearson v. GriceSupreme Court of Florida · 1858
  4. International General Electric Co. v. BuscagliaSupreme Court of Puerto Rico · 1946
  5. Jones-Downes Co. v. ChandlerNew Mexico Supreme Court · 1906

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