NOCATEE FRUIT CO. v. FOSGATE

No. 4680.

12 F.2d 250 (1926)

NOCATEE FRUIT CO. v. FOSGATE.

Circuit Court of Appeals, Fifth Circuit.

March 6, 1926.


Attorney(s) appearing for the Case

G. E. Mabry, O. K. Reaves, and D. E. Carlton, all of Tampa, Fla., for plaintiff in error.

Sam R. Marks and Francis M. Holt, both of Jacksonville, Fla. (Marks, Marks & Holt, of Jacksonville, Fla., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


FOSTER, Circuit Judge.

In this case the issues may be stated by a summary of the declaration. The parties will be referred to as they appeared in the District Court. After demurrers had been sustained to the original declaration, defendant in error, plaintiff below, filed four additional counts, the first three in deceit and the fourth for money had and received.

Demurrers were overruled to these counts and certain pleas were stricken. After the taking of...

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