First National Bank v. Savannah, Florida & Western Railway Co.

Citations

• 36 Fla. 183

Syllabus

<p>1. The cause of action required to be filed with the declaration is to-apprise the defendant of the nature and extent of the demand against him, in order that he may plead with greater certainty, and ordinarily constitutes no part of the declaration.</p> <p>2. Where the declaration refers to a bill of particulars as being a part thereof, and in passing upon a demurrer to the declaration by the Circuit Court it was agreed upon the record that the bill of particulars should be treated as much a part of the-declaration as if set out in full therein, the appellate court will consider the bill of particulars as a part of the declaration.</p> <p>3. It is the duty of the court in construing a written instrument to give effect to every clause therein if it can be done eonsistently with the intention of the parties, and language in one clause should not be construed as superfluous merely because an implication of law arising from another clause would indicate that it was not necessary,</p> <p>4. The Savannah, Florida & Western Railway Company and the Jacksonville Street Railroad Company entered into a written contract on the 19th day of December, 1889, with the First. National Bank of Florida, to the effect that the companies on demand, after date, promised to pay to the order of the bank the sum of sixteen thousand dollars with interest at six per cent, per annum, in order to secure the bank for the sum of eight thousand dollars that it might pay for each of the said' companies in honoring checks of a committee for constructing a viaduct in a street of the city of Jacksonville, it being understood, as expressed, in the agreement, that upon payment of the check the companies would reimburse the bank in from twoj[to ten days after payment: Held, That considering the entire agreement it did not import a promise to pay interest on thejsums of money paid out by the bank from the date of the contract, but only from the times of payment.</p>