Legal Opinion

Fegley v. Jennings

Supreme Court of Florida

Decided January 15, 1902PublishedCited by 23 opinions

Writ of Error to the Circuit Court for Hernando County. STATEMENT. The plaintiff in error brought suit against the defendant in. error in the Circuit Court of Hernando county.

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Writ of Error to the Circuit Court for Hernando County. STATEMENT. The plaintiff in error brought suit against the defendant in. error in the Circuit Court of Hernando county. The declaration alleged that on January 24th, 1893, J. B. Fellhemer and R. S. Clark “by their joint and several promissory note, now overdue, promised to pay to defendant or order, on or before three years after date, the sum of four hundred and fifty dollars, at the Brooksville State Bank of Brooksville, Florida, with interest at ten per cent, per annum from date until paid, * * * and the defendant for value received…

1Per curiam

This cause being reached in its regular order for final adjudication, was referred by the court to two of its commissioners, Mess. Maxwell and Glen, who1 have reported that the judgment should be reversed, for reason®’ .stated in the following opinion.

*206The first error assigned is that the court erred in overruling plaintiff’s demurrer to defendant’s first amended plea. The declaration alleged the making of a note to defendant, and that the latter “for value received transferred and set over the isame to the plaintiff, and guaranteed its prompt payment at maturity.” The cause of action,…

2Cases cited27 opinions

  1. Douglass v. HowlandNew York Supreme Court · 1840
  2. Allen v. RightmereNew York Supreme Court · 1823
  3. Welch v. WalshMassachusetts Supreme Judicial Court · 1901
  4. Day v. ElmoreWisconsin Supreme Court · 1856
  5. Townsend v. CowlesSupreme Court of Alabama · 1858

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

3Cited by23 opinions

  1. Anderson v. Trade Winds Enterprises Corp.District Court of Appeal of Florida · 1970
  2. Von Dunser v. SOUTHEAST 1ST NAT. BANK OF MIAMIDistrict Court of Appeal of Florida · 1979
  3. Younghusband v. Fort Pierce Bank & Trust Co.Supreme Court of Florida · 1930
  4. Flagship Bank of Orlando v. BryanDistrict Court of Appeal of Florida · 1980
  5. Topical Jewelers, Inc. v. Nationsbank, NaDistrict Court of Appeal of Florida · 2000

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

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