Spann v. Baltzell
Supreme Court of Florida
Ekeok from Franklin Circuit Court. This case was tried at the February Term, 1845, of the Superior Court for Franklin county, of the late Territory of Florida. The facts of the case are fully reported in the opinion of the Court. Baltzell recovered a judgment, in the Franklin Superior Court, against Spann, as the endorser of a promissory note, to reverse which judgment this writ of error is prosecuted in this Court.
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Ekeok from Franklin Circuit Court. This case was tried at the February Term, 1845, of the Superior Court for Franklin county, of the late Territory of Florida. The facts of the case are fully reported in the opinion of the Court. Baltzell recovered a judgment, in the Franklin Superior Court, against Spann, as the endorser of a promissory note, to reverse which judgment this writ of error is prosecuted in this Court. The first error assigned is: 1. That plaintiff’s demurrer to defendant’s special pleas, ought not to have been sustained. In order to determine this question, the pleas must be…
1Opinion of the Court
Hawkins, Justice:
Error from Frankiin Superior Court. Action was brought in the Court below, by Baltzell against Spann? under an attachment for •$1400, and the declaration was in assumpsit, on the following promissory note against Spann, as endorser :—
Apalachicola, Dec’r 3d, 1840.
By the 22d of May, 1842, I promise to pay to the order of L. M. Stone, at the Agency of the Southern Life Insurance and Trust Company Bank, Apalachicola, fourteen hundred dollars, for value received.
JAMES H. CAMPBELL.
Endorsed — L. M. Stone,
JoSIAH S. PATTERSON,
S. Scarborough,
Rich’d C. Spann.
Baltzell sued as the…
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