Supreme Court of Florida, 1957

Anderson v. Godwin

Supreme Court of Florida · Decided February 6, 1957 · Drew, Roberts, Terrell, Thornal

92 So. 2d 534 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Affirmed without prejudice to the right of appellant to litigate the subject of his counterclaim in an independent suit against the partnership debtors. Cf. Ness v. Cowdery, 110 Fla. 427, 149 So. 33; Martyn v. Amold, 36 Fla. 446, 18 So. 791; 47 Am.Jur., Setoff and Counterclaim, Sec. 79, p. 770.

TERRELL, C. J., and ROBERTS, DREW and THORNAL, JJ., concur.

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