Granat v. Biscayne Trust Co., (1933)
Court: Supreme Court of Florida
Number:
Visitors: 20
Judges: BUFORD, J. —
Attorneys: Roland W. Granat, for Plaintiff in Error;
Wilder Jacobsen, for Defendant in Error.
Filed: Apr. 19, 1933
Latest Update: Mar. 02, 2020
Summary: This case is before us on writ of error to the Circuit Court of Dade County attacking the judgment of the Circuit Court dismissing the suit on sustaining demurrer to the declaration. *Page 486 The declaration was in one count. The suit was against Biscayne Trust Company, a Florida corporation, as Executor of the estate of A. S. Dulbs, deceased. The basis for the action was that Dulbs, during his lifetime, a judgment creditor of the plaintiff, wrongfully and unlawfully caused levy of execution to
Summary: This case is before us on writ of error to the Circuit Court of Dade County attacking the judgment of the Circuit Court dismissing the suit on sustaining demurrer to the declaration. *Page 486 The declaration was in one count. The suit was against Biscayne Trust Company, a Florida corporation, as Executor of the estate of A. S. Dulbs, deceased. The basis for the action was that Dulbs, during his lifetime, a judgment creditor of the plaintiff, wrongfully and unlawfully caused levy of execution to ..
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This action is not based on personal injuries but on damage to property. It seems to me that the Waller case is hardly in point. As I understand it, the declaration alleged that Dulb's attorney acting for him, ordered the levy; that there is therefore no need to amend on that score. (Trans. p. 5). While some of the items of damage claimed are not in my opinion properly recoverable, the declaration stated a cause of action, and I concur in the holding that the judgment below should be reversed and the cause remanded with directions for its re-instatement.
Source: CourtListener
