Broward v. Roche
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. The ease was tried before Joseph B. Christie, Esq., as referee. This is an action of trespass on promises. The first count is a draft drawn by one Clarke, in favor of Roche, on Broward for $204.41, dated May 24, 1881, accepted by Broward.
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Appeal from the Circuit Court for Duval county. The ease was tried before Joseph B. Christie, Esq., as referee. This is an action of trespass on promises. The first count is a draft drawn by one Clarke, in favor of Roche, on Broward for $204.41, dated May 24, 1881, accepted by Broward. The second count states that on the 5th of March, 1880, Broward and plaintiff made their promissory note to Barnett for $130.00, payable sixty days, plaintiff adding his name as surety, and Broward drawing and using the money obtained thereon. Plaintiff was obliged to pay the note at maturity, by means whereof…
1Opinion of the CourtJustice Raney
I. The first point we consider in this case is the alleged retraxit. Appellant’s counsel say “ the account sued on is, as required by the statute, appended to the declaration, as the cause of action on the third and fourth counts,” and “is made of many items of debit and credit, among the items of credit being the identical acceptance representing Clark’s store account.” “ To this account,” he further says, “thus appended to the plaintiff’s declaration as his cause of action *473claiming the balance due thereon, made up of debits and credits, the defendant” pleaded “ never indebted,” and “ during…
2Cases cited11 opinions
- Sinclair v. TallmadgeNew York Supreme Court · 1861
- John D. C. v. State ex rel. Julia V. H.Supreme Court of Florida · 1878
- Huling v. Florida Savings Bank & Real Estate ExchangeSupreme Court of Florida · 1883
- McMurray v. BasnettSupreme Court of Florida · 1882
- Nickels v. MooringSupreme Court of Florida · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State ex rel. Buford v. DanielSupreme Court of Florida · 1924
- Hodges v. A. P. Fries & Co.Supreme Court of Florida · 1894
- Franklin Phosphate Co. v. International Harvester Co. of AmericaSupreme Court of Florida · 1911
- Stripling v. ThomasSupreme Court of Florida · 1931
- Tischler v. Apple & FinleySupreme Court of Florida · 1892
7 more not listed; retrieve them via the Exa API.