First Bank of Marianna v. Havana Canning Co.

This case is before us on writ of certiorari granted to the Circuit Court of Gadsden County.

The cause originated in the County Court of Gadsden County as an action in assumpsit, instituted by an endorsee of a bank “check” against the maker thereof, to recover the face value of said “check” from the maker.

To the single count declaration defendant interposed a demurrer, which the court sustained, and plaintiff declining to amend or plead further, final judgment was entered in favor of defendant.

On appeal to the Circuit Court the judgment was affirmed because the Circuit Judge was “of the…