American Lead Pencil Co. v. F. A. Wolfe & Co.
Supreme Court of Florida
Appeal from tlie Circuit Court for Levy county. STATEMENT. Frederick A. "Wolfe and Benjamin AM. Mayson, partners doing business in tlie firm name of F. A. AA'olfe & Co., appellees in this court, sued the American Lead Pencil Company, a corporation organized under the laws of the State of New Jersey, in tlie Circuit Court of tlie Fifth Judicial Circuit, for Levy county. Tlie declaration filed in the case contains three counts.
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Appeal from tlie Circuit Court for Levy county. STATEMENT. Frederick A. "Wolfe and Benjamin AM. Mayson, partners doing business in tlie firm name of F. A. AA'olfe & Co., appellees in this court, sued the American Lead Pencil Company, a corporation organized under the laws of the State of New Jersey, in tlie Circuit Court of tlie Fifth Judicial Circuit, for Levy county. Tlie declaration filed in the case contains three counts. In the first it is alleged in substance as follows: In consideration that tlie plaintiffs, at the instance and recpiest of defendant, would sell and deliver to the firm…
1Opinion of the Court
Mabiiy, J.:
Tlie first assignment of error made here by, appellant is, that the Circuit Court erred in holding “that the statute of frauds must be pleaded specially, and that the defense of such a statute is not embraced in tlie general issue, and at the same time refusing to allow the defendant to amend its pleading so as to set up such defense.” The record fails to show that the Circuit Court held the statute of frauds must be pleaded specially, and that the defense of such statute is not embraced in the general issue. A motion was made on behalf of appellant to permit it to amend its plea…
2Cases cited14 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Mallory v. . GillettNew York Court of Appeals · 1860
- Emerson v. SlaterSupreme Court of the United States · 1860
- Walls v. . BaileyNew York Court of Appeals · 1872
- Putney v. FarnhamWisconsin Supreme Court · 1870
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3Cited by19 opinions
- Bank v. Ohio Valley Furniture Co.West Virginia Supreme Court · 1905
- Herrin v. AbbeSupreme Court of Florida · 1908
- McClellan v. MorrisSupreme Court of Colorado · 1922
- Craft v. KendrickSupreme Court of Florida · 1897
- E. O. Painter Fertilizer Co. v. FossSupreme Court of Florida · 1932
14 more not listed; retrieve them via the Exa API.