Sanders v. Pepoon
Supreme Court of Florida
This was an action of assumpsit for money had and received, brought by the appellee^ in the Circuit Court of. Ííonroe County against the appellant. The suit was instituted-to recover from the defendant, in the Court-below'', thé amount of a note made and executed by one John H. Geiger in favor of Ashley & Hovey, merchants at Key West, and endorsed by them to Said defendant-. The claim of the plaintiffs was based on a mortgage, the nature and.
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This was an action of assumpsit for money had and received, brought by the appellee^ in the Circuit Court of. Ííonroe County against the appellant. The suit was instituted-to recover from the defendant, in the Court-below'', thé amount of a note made and executed by one John H. Geiger in favor of Ashley & Hovey, merchants at Key West, and endorsed by them to Said defendant-. The claim of the plaintiffs was based on a mortgage, the nature and. Character of which are fully set out in the opinion of the Court. The mortgage or instrument upon which thé claim was founded, bofe date July J, 1848,…
1Opinion of the CourtThompson, Justice
The respondents, who were plaintiffs in the Court below, founded their right to recover in this ease upon aii instrument of writing which i*s called a mortgage. This instrument bears date on the 7th July, 1848$ and was recorded in the office of the Clerk of the Circuit Court of Monroe County, on the 17th January, 1849, upon the acknowledgment of one of the alleged mortgagors only. It is executed by Sydney J. Ashley and James B>. Hovey$ who are described as partners in trade at Key "West, under the style and firm of Ashley & Hovey} and professes;, in consideration of the > sum of eight hundred…
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