Fridenberg v. Robinson
Supreme Court of Florida
Appeal from the Fourth Judicial Circuit — Duval county. The plaintiff sued Robinson as endorser of a draft drawn by Hardee & Haddock upon John T.. Gilchrist* of New York, and accepted by him, payable to the order of Robinson, dated May 29,1866, sixty days after date, for one thousand dollars.
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Appeal from the Fourth Judicial Circuit — Duval county. The plaintiff sued Robinson as endorser of a draft drawn by Hardee & Haddock upon John T.. Gilchrist* of New York, and accepted by him, payable to the order of Robinson, dated May 29,1866, sixty days after date, for one thousand dollars. The defendant pleaded that after protest of the draft, plaintiff*, informed him that, he had made-a contract with acceptor for the payment of the draft by the acceptor satisfactory to the plaintiff, and that defendant was discharged as endorser. And for further plea, that after plaintiff informed…
1Opinion of the CourtRandall, C. J.
The question first presenting itself in the record is, whether the demurrer to the second plea was properly sustained 'by the court.
The plea alleges that after the plaintiff informed the defendant of his discharge as endorser of the draft in question, and in consideration of such discharge, he paid other demands held against him, which he did not consider himself legally bound to pay.
This does not charge that the defendant was discharged by the plaintiff in consideration of the defendant’s paying the other demands or money, but _ merely that he voluntarily paid other debts, which he thought…
2Cases cited2 opinions
- McLemore v. PowellSupreme Court of the United States · 1827
- Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
3Cited by13 opinions
- Williams v. Peninsular Grocery Co.Supreme Court of Florida · 1917
- Frank Herman & Co. v. WilliamsSupreme Court of Florida · 1895
- Harold W. Holcombe v. Solinger & Sons Co., Inc.Court of Appeals for the Fifth Circuit · 1956
- Clark v. United Grocery Co.Supreme Court of Florida · 1915
- Mitchell v. HarperSupreme Court of Florida · 1920
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