Love v. Gibson
Supreme Court of Florida
Appeal from Gadsden Circuit Court. An action of assumpsit was commenced by Gibson against Love in April, 1846. The plaintiff’s declaration contained a special count setting forth that he and defendant were joint and several sureties for one John C. Love, on his bond as executor of John Colson, deceased, which bond was given in 1839, for $18,000, conditioned for the faithful discharge of the duties of executor by the said John C. Love.
Read the full summary
Appeal from Gadsden Circuit Court. An action of assumpsit was commenced by Gibson against Love in April, 1846. The plaintiff’s declaration contained a special count setting forth that he and defendant were joint and several sureties for one John C. Love, on his bond as executor of John Colson, deceased, which bond was given in 1839, for $18,000, conditioned for the faithful discharge of the duties of executor by the said John C. Love. That in 1845 a suit was instituted on this bond against plaintiff for the use of the heirs of John Colson, and a judgment obtained in said suit for the penalty…
1Opinion of the CourtHawkins, Justice
This was an action of assumpsit, brought by Gibson against Love, for contribution of his portion of the amount paid by him (Gibson) upon a judgment recovered in favor of Colson and others, upon an executor’s bond. The fact of payment is shown upon the record, and is not contradicted.
It is not the intention of the Court to take up seriatim all the errors assigned by appellant, but it will, in a general discussion, express its views and opinions to such extent as may be requisite to a decision of the case.
That the form of the action brought (count for money paid) is proper, there can be no…
2Cases cited5 opinions
- Clark's Executors v. CarringtonSupreme Court of the United States · 1813
- Cave ex rel. Wallace v. BurnsSupreme Court of Alabama · 1844
- People v. IrvingNew York Supreme Court · 1828
- Riley v. SeymourNew York Supreme Court · 1828
- Bagley v. FrancisMassachusetts Supreme Judicial Court · 1817
3Cited by18 opinions
- Lincenberg v. IssenSupreme Court of Florida · 1975
- Chamberlain v. LesleySupreme Court of Florida · 1897
- Zurich American Insurance Co. v. Southern-Owners Insurance Co.District Court, M.D. Florida · 2017
- Fletcher v. AndersonDistrict Court of Appeal of Florida · 1993
- Lewis v. FortSupreme Court of North Carolina · 1876
13 more not listed; retrieve them via the Exa API.