Jaudon v. Fidelity Bank & Trust Co.
Cases that cite this one
2 later published cases cite this decision.
- Foster v. St. Johns Electric Co. (Fla. 1923)
- Boone v. Gay (Fla. 1922)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for the non-payment of a check drawn on it, the declaration in one count alleges “that the said Fidelity & Trust Company upon the presentation of said check accepted the same,” while the other count alleged- a promise to pay checks drawn as alleged, and the other allegations are not repugnant to and do not neutralize the stated allegations.
The hill of particulars if properly made a part of the declaration does not negative the allegations of the declaration.
A demurrer to the declaration was sustained, and plaintiffs refusing to further plead, a final judgment on the demurrer was rendered for the defendant, and plaintiffs took writ of error.
The declaration even considered with the bill of particulars states a cause of action and was not subject to the demurrer interposed, therefore the judgment is reversed.
Browne, C. J., and Taylor, Whitfield, Ellis and West, J. J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.