Legal Opinion

Stewart v. Bennett

Supreme Court of Florida

Decided January 15, 1847PublishedCited by 5 opinions

Error from Franklin county. His Honor, Judge Douglas, presided at the trial' of this case in the Court below. This was an action of trespass on the case, instituted in the late Superior Court of the Territory of Florida, for Franklin county, at its Spring Term, 1841, against Charles Stewart and John Fontaine, merchants, trading, &c. as Stewart & Fontaine, and Hampton Smith and Philo D. Woodruff.

Read the full summary

Error from Franklin county. His Honor, Judge Douglas, presided at the trial' of this case in the Court below. This was an action of trespass on the case, instituted in the late Superior Court of the Territory of Florida, for Franklin county, at its Spring Term, 1841, against Charles Stewart and John Fontaine, merchants, trading, &c. as Stewart & Fontaine, and Hampton Smith and Philo D. Woodruff. Service of the writ was perfected on Stewart and Fontaine, and Smith; and returned, “not found,” as to Woodruff. On 12th April, 1841, plaintiff filed his declaration against all the defendants named…

1Opinion of the Court

Hawkins, J.:

The defendant in error, Bennett, brought his suit, trespass on the case on promises, against the plaintiffs in error, Hampton Smith and Philo D. Woodruff, in the Court below. The writ was served upon Stewart & Fontaine, and Smith, and returned, not found, as to Wood-ruff. The declaration was filed against the above parties, and contained two counts against them, as owners of the steam-boat Reindeer, for the loss of certain goods, alleging that they were common carriers.

*435On the 6th day of December, 1841, Stewart & Fontaine, and Smith, filed a joint plea of non assumpsit. Nearly two…

2Cases cited3 opinions

  1. Leverett v. HarrisMassachusetts Supreme Judicial Court · 1811
  2. Williams v. Little White Lick Gravel Road Co.Indiana Superior Court · 1871
  3. Parsons v. PlaistedMassachusetts Supreme Judicial Court · 1816

3Cited by5 opinions

  1. Warren v. WarrenSupreme Court of Florida · 1917
  2. Whitaker v. WrightSupreme Court of Florida · 1930
  3. E. O. Painter Fertilizer Co. v. FossSupreme Court of Florida · 1932
  4. McLeod v. Citizens Bank of Live OakSupreme Court of Florida · 1911
  5. Robinson v. Farmers & Merchants BankSupreme Court of Florida · 1928

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API