Florida Reports Volume 3

Florida Reports Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1850 edition. Excerpt: ...(in various ways) that Mitchell, the plaintiff, for a valuable considetion, gave delay of payment to Doggett, the principal obligor, without the knowledge and consent of Cotten, the surety. H. Doggett was examined as a witness touching the matters in issue in those pleas, and in answer to the 10th interrogatory, says: " Witness saith he was not in Florida, and did not see the said Mitchell about the time mentioned in the interrogatory, or make any contract with him about further time." Cotten, in his letter to Mitchell, dated 25th of November, 1844, says: " You were so kind as to tell me, in the last conversation we had upon this subject, that, whenever I desired it, you would proceed to collect, and I now say that unless, &c., I shall 'certainly wish you to proceed, as quick as possible, to collect your money from Col. Doggett." Again: " I have no wish to have Col. Doggett pushed, and my permitting the note to run so long, is, I 'think, satisfactory proof of that fact." There is no testimony of any witness in the case, but what is made by Henry Doggett and John W. Cotten, going to sustain the issues on the three above mentioned 'pleas, and Doggett himself, the witness of defendant, says "he made no contract with Mitchell about further time." It also abundantly appears, that Mitchell commenced a suit soon after Cotton desired him 'to do so. Will the counsel ask the Court to shut their eyes, and suppose testimony on which these issues could or might have been found for defendants? It is said the bill of exceptions does not state that it embraced all 'the testimony given in the case. At page 36 of the printed record, at the end of the testimony, it is said, ..".show more

Product details

  • Paperback | 136 pages
  • 189 x 246 x 7mm | 254g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236967968
  • 9781236967961