Legal Opinion

Duke v. Taylor

Supreme Court of Florida

Decided January 15, 1896PublishedCited by 21 opinions

Appeal from the Circuit Court for Orange county' STATEMENT. Appellants instituted suit against appellees, Taylor, and fifteen others, as partners doing business as the Florida Orange Hedge Fence Company, on a note as follows: “Orlando, Fla., March 23d, 1887. Two months after date we, or either of us, for value received, jointly and severally, as principals, promise to pay to the order of Collis Ormsby, at the First National Bank of Orlando, at its office in, Orlando,…

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Appeal from the Circuit Court for Orange county' STATEMENT. Appellants instituted suit against appellees, Taylor, and fifteen others, as partners doing business as the Florida Orange Hedge Fence Company, on a note as follows: “Orlando, Fla., March 23d, 1887. Two months after date we, or either of us, for value received, jointly and severally, as principals, promise to pay to the order of Collis Ormsby, at the First National Bank of Orlando, at its office in, Orlando, Florida, the sum of six hundred and fifty-four dollars; and' it is further agreed that if this note be not paid at maturity,…

1Opinion of the Court

Mabry, C. J.:

One of the pleas in this case, called a plea in abatement, alleges that the Florida Orange Hedge Fence Company was a corporation organized under the laws of Tennessee, and doing business in this State. According to the recognized American doctrine, the domicile and citizenship of a corporation are regarded as belonging to the State under whose laws the corporation is created. In the case of Bank of Augusta vs. Earle, 13 Peters, 519, it is said that “a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in…

2Cases cited11 opinions

  1. Bank of Augusta v. EarleSupreme Court of the United States · 1839
  2. St. Louis v. Ferry Co.Supreme Court of the United States · 1871
  3. Demarest v. . FlackNew York Court of Appeals · 1891
  4. Snider's Sons' Co. v. TroySupreme Court of Alabama · 1890
  5. Clark v. Jones & BrotherSupreme Court of Alabama · 1888

6 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. City of Winter Haven v. A. M. Klemm & SonSupreme Court of Florida · 1938
  2. State Ex Rel. Harrington v. City of PompanoSupreme Court of Florida · 1938
  3. Virginia-Carolina Chemical Co. v. FisherSupreme Court of Florida · 1909
  4. Ocean Beach Heights, Inc. v. Brown-Crummer Investment Co.Supreme Court of the United States · 1938
  5. Riley v. FattSupreme Court of Florida · 1950

16 more not listed; retrieve them via the Exa API.

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