Florida Reports Volume 42

Florida Reports Volume 42

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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. 1902 edition. Excerpt: ...suit had expressly excluded these flour accounts from its declaration and bill of particulars The testimo11y shows that on May I8, 18)3_ the bill of particulars was amended in the assumpsit suit. but in what 111a11ner is not shown. Unless we knew what this an1enl111e11t was l1ow can we say that the declaration. so far as these tlour accounts are co11ce1'11el. disclosed a cause of action i11 assun1psit. and not one i11 trover, or that appellee intended to declare in assumpsit, and wave the tort? The bill alleges that the judgment included the sum of the flour acounts, not the amount Gibbens received from the unauthorized transfer thereof. Gibbens' answer alleges that appellee added the amounts of these flour accounts by consent to its judgment theretofore obtained. but it no where appears, either in the pleadings or in the evidence, that the declaration or bill of particulars was amended so as to embrace a demand to recover for these flour accounts or to authorize a recovery under the declaration "for money had and received by the defendant for the use of the plaintiff. for goods sold by defendant for the plaintiff. as slmten by the a1znm'cd bill of paflicizlars marked cmlzibit A, maa'c' a fiarf l1crr0f."' for these Hour accounts upon the theory of an unauthorized sale or conversion. For aught we know. the amendment of the hill of particulars had no reference vliatever to the flour accounts. The amount of the flour accounts was added to the judgment b_v consent of parties. and the fact that the judgment included the full sum of these accounts indicates that the parties intended to include a'amagt'." for the conversion. and not the sum received by ('iihbens upon the wrongful transfer of them...show more

Product details

  • Paperback | 180 pages
  • 189 x 246 x 10mm | 331g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236780671
  • 9781236780676