FREDERICK A. HARFORD, PLAINTIFF IN ERROR,
v.
ELWOOD L. GRAVES, ET AL., DEFENDANTS IN ERROR

Fla. | 1931-08-07
Buford, C.J., and Whitfield, Brown and Davis, J.J., concur.
102 Fla. 835 Florida Supreme Court (1931) Positive Treatment
Also reported at: 136 So. 620
Cited by 10 cases
Opinion of the Court
Per Curiam.

Per Curiam.

— The declaration herein does not wholly fail to state a cause of action, therefore the demurrer thereto should not have been sustained. Cummings Machine Works v. Clark, 89 Fla. 383, 105 So. 100, Garsed v. Sugarman, 99 Fla. 191, 126 So. 157.

Final judgment on demurrer reversed for appropriate proceedings.

*836Buford, C.J., and Whitfield, Brown and Davis, J.J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Mrs. Jesse Sewell Jones v. Hammock, 131 Fla. 321 (Fla. 1937)
    …ncumbent on borrowers to prove that the usury statutes of the State were willfully violated. It was decided by this Court in the cases of Tucker v. Fouts, 73 Fla. 1215, 76 So. 130; McCullough v. Hill, 105 Fla. 680, 133 So. 846; Phillips v. Lindsay, 102 Fla. 835, 136 So. 666, that a defendant setting up the defense of usury had the burden of proof, which is' the burden of proving the four essential elements heretofore set out in this opinion. The same rule also applies where a complainant is relying upon us…
  • Patten v. Daoud, 152 Fla. 448 (Fla. 1943)
    …s unlawful. In this brief, respondents say that they patterned their declaration after the declaration in Stewart Land Company v. Perkins, 290 Mo. 194, 234 S.W. 653; Garsed v. Sugarman, 99 Fla. 191, 126 So. 147; and Harford v. Graves, 102 Fla. 835, 136 So. 620. It is fundamental that the allegations of a declaration for civil conspiracy must charge a combination of two or more persons by concerted action to accomplish an unlawful purpose or to accomplish a lawful purpose by unlawful means or it must alleg…
  • Addie Irene Catlett v. Chestnut, 108 Fla. 475 (Fla. 1933)
    …tfield, Terrell and Buford, J. J., and Johnson; Circuit Judge, concur. * See also the second appearance of the case in this Court — Catlett v. Chestnut, 107 Fla. 498, 146 Sou. Rep. 241. † This case was followed with approval in Harford v. Graves 102 Fla. 835, 136 Sou. Rep. 620.…

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