Frank Herman & Co. v. Williams
Supreme Court of Florida
Appeal from the Circuit Court for Leon county. STATEMENT. Appellants instituted suit in 1889 against R. S. Williams, who died pending the suit, and it was revived against his executrix. The trial resulted in a judgment in defendant’s favor, and an appeal was entered.
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Appeal from the Circuit Court for Leon county. STATEMENT. Appellants instituted suit in 1889 against R. S. Williams, who died pending the suit, and it was revived against his executrix. The trial resulted in a judgment in defendant’s favor, and an appeal was entered. The substance of the various counts of the declaration is as follows: First, that in consideration that plaintiffs, at the request of defendant, would credit -one M. R. Cohen goods to the extent he wanted, defendant would guarantee the payment for the same, and that plaintiffs delivered to Cohen goods to the value of $1,511.91,…
1Opinion of the Court
Mabry, C. J.:
One of the assignments of error insisted on by counsel for apellants is, that the court erred in overruling-the demurrer to the third plea. There are counts in the declaration to which, the third plea is, applicable^ *142that allege, as we construe them, an original undertaking on the part of appellee’s testator to guarantee the payment of such goods as Cohen might purchase from apjjellants. The sixth count alleges a guaranty, made on the 27th of April, 1888, of the prompt payment of purchases of goods by Cohen on the 25th day •of that month, but other counts allege a guaranty of the…
2Cases cited17 opinions
- The KimballSupreme Court of the United States · 1866
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Metzger v. StateSupreme Court of Florida · 1881
- Nading v. McGregorIndiana Supreme Court · 1890
- Yates v. DonaldsonCourt of Appeals of Maryland · 1853
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hopkins v. StateSupreme Court of Florida · 1906
- Williams v. Peninsular Grocery Co.Supreme Court of Florida · 1917
- Lake v. Hancock ex rel. PayneSupreme Court of Florida · 1896
- United States v. Carl Jonathan NillCourt of Appeals for the Fifth Circuit · 1975
- Anderson v. TruemanSupreme Court of Florida · 1930
19 more not listed; retrieve them via the Exa API.