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· 1/15/1903

Irvine v. Epstein

Citations

  • 45 Fla. 370

Syllabus

<p>1. A bill for an accounting filed against one holding for coi lection as agent or trustee many notes, the property of another, which have been in part collected in farm produce and stock which he, the agent, was to convert into money, and has disposed of in trade in various ways, and as to which discovery is sought as a necessary incident to the accounting, is not wanting in equity.</p> <p>2. It was not proper in this case at the hearing upon bill and answer to appoint a master to take testimony. The decree of the court should have been in conformity with the case made by the bill and answer alone.</p> <p>3. An amended or further answer filed after exceptions for insufficiency were sustained to the original answer is to be construed in connection, with and as a part of the original answer.</p>

Judges: Maxwell

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