Hood v. Abraham French & Co.

Citations

• 37 Fla. 117

Syllabus

<p>1. A motion made in open court under Chapter 3165 of the laws of Florida, approved March 11,1879, showing the rendition of a judgment against a corporation, the issue of execution thereon, a return of such execution nulla bona, and the name of a stockholder, with the amount of stock held by him in such corporation, and written notice to the stockholder of such motion, is sufficient to require such stockholder to show cause why the execution should not issue against him.</p> <p>3. The proceedings on a motion under Chapter 3165 of the laws of Florida, approved March 11, 1879, are summary before the judge of said court where motion is made.</p> <p>3. A declaration made by a person while doing an act, which serves to explain or qualify it, is to be received in evidence as a part of the res gestee.</p> <p>4. If parties go to trial on immaterial or irrelevant issues, it is error for the court to withdraw from the consideration of the-jury such immaterial or irrelevant issues.</p> <p>5. It is error in the trial court to refuse to charge the jury, at the-request of defendant, the law on the issues made by the pleadings in the case, when the issues so made are immaterial and irrelevant.</p> <p>6. If the plaintiff joins issue upon immaterial and irrelevant pleas, the defendant has the right to have the court charge the jury upon the law of such pleas; and if the court refuse to do so, at the request of the defendant, held error.</p> <p>7. A stockholder may discharge his liability under Chapter 3165 of the laws of Florida, approved March 11, 1879, by a voluntary payment, to the full extent of his statutory liability, of a bona fide claim of a creditor of the corporation. Such stockholder is not obliged to wait for the statutory proceeding before making payment in order to discharge his liability.</p> <p>8. A stockholder may defeat the proceeding under Chapter 3165 of the laws of Florida, by showing a bona fide debt due himself' from the corporation.</p>