Meinhardt Bros. v. Mode
Supreme Court of Florida
Appeal from the Circuit Court for Nassau County. This is an action brought by the appellants against the appellee for money paid by them to one Julius Kaufman at the appellee’s request, and for money lent to the appellee at his request.- There is a plea of never indebted in the record.
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Appeal from the Circuit Court for Nassau County. This is an action brought by the appellants against the appellee for money paid by them to one Julius Kaufman at the appellee’s request, and for money lent to the appellee at his request.- There is a plea of never indebted in the record. Upon the trial before the jury the plaintiffs introduced as a witness one J. B. Hess, who testified that he was the traveling agent representing them, and that in Palatka, on October 16th, 1882, Trespole Myers, a brother-in-law of the defendant, informed him that the Sheriff of Putnam county had “ attached ”…
1Opinion of the CourtJustice Raney
The authorities cited upon the subject of guaranty are not in point. This is not a case of guaranty. Though the appellants who were plaintiffs below were creditors of the judgment debtor, Trespole Myers, their claim against Myers is not the subject matter of the particular transaction out of which their claim against the appellee grows. They had no interest in the judgment of Kaufman against Myers, which judgment their money has in fact paid, and there is, in the matter now in controversy, nothing in the nature of an agreement to pay any debt due by Myers or any one else to plaintiffs. If…
2Cases cited3 opinions
- Gallagher v. . NicholsNew York Court of Appeals · 1875
- Beach v. . Raritan Delaware Bay R.R. Co.New York Court of Appeals · 1868
- Robinson v. BarnettSupreme Court of Florida · 1882
3Cited by7 opinions
- Hoodless v. JerniganSupreme Court of Florida · 1903
- Langley v. OwensSupreme Court of Florida · 1906
- Solary v. WebsterSupreme Court of Florida · 1895
- Bessemer Properties v. BarberDistrict Court of Appeal of Florida · 1958
- Meinhardt Bros. v. ModeSupreme Court of Florida · 1889
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