Denmark v. Ridgell Furniture Co.

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM.
Citation117 Fla. 244,157 So. 489
Decision Date14 November 1934
PartiesDENMARK et al. v. RIDGELL FURNITURE CO. et al.

157 So. 489

117 Fla. 244

DENMARK et al.
v.
RIDGELL FURNITURE CO. et al.

Florida Supreme Court

November 14, 1934


En Banc.

Original application by J. H. Denmark and another for writ of certiorari and prohibition against the Ridgell Furniture Company and another to set aside on certiorari, or avoid the effect of on prohibition, an order and judgment of the circuit court of Duval county.

Certiorari denied, and prohibition proceeding quashed.

COUNSEL [117 Fla. 245] Kay, Adams, Ragland & Kurz, of Jacksonville, for petitioners.

Lee Guest, of Jacksonville, for respondents.

OPINION

PER CURIAM.

This is an application for writ of certiorari and prohibition against the circuit court of Duval county to set aside on certiorari, or avoid the effect of on prohibition, that certain order and judgment of the circuit court of Duval county in terms as follows:

'In the Circuit Court of the Fourth Judicial Circuit of the State of Florida in and for Duval County. Appeal Case No 1032
'Ridgell Furniture Company, a Corporation, Appellant,

v.

J. H. Denmark and Flossie Denmark, Appellees

'Appeal from the Civil Court of Record of Duval County,

'Judgment

'This cause coming on to be heard upon the records upon appeal from the Civil Court of Record of Duval County, Florida, and the same having been argued by counsel for the respective parties, and considered by the Court, it appearing that this is an action brought by the plaintiff below, appellant here, against the defendants below, appellees here, wherein in the declaration, the plaintiff is alleged to be a judgment creditor of Denmark Furniture Company, a corporation organized under chapter 10096, Laws of Florida, 1925, having obtained its judgment upon an open account against said corporation, and the defendants are alleged to be the president and Secretary, respectively of said corporation, [117 Fla. 246] and directors thereof; that, notwithstanding the frequent requests of said plaintiffs to said corporation to pay the indebtendness due it, said corporation failed and refused to pay said indebtedness, caused all accounts receivable to be transferred from said corporation to one of said defendants for a certain sum in cash and then permitted nearly all of said cash to be transferred to the other defendant, thereby leaving the said corporation without any assets to pay the just indebtedness of the plaintiff to the loss of plaintiff and in violation of the law;...

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12 practice notes
  • State v. Aiuppa, No. 44264
    • United States
    • United States State Supreme Court of Florida
    • May 1, 1974
    ...the proper construction of our own statute. Gay v. Inter-County Tel. & Tel. Co., 60 So.2d 22 (Fla.1952); Denmark v. Ridgell Furniture Co., 117 Fla. 244, 157 So. 489 (1934); Venice East, Inc. v. Manno, 186 So.2d 71 (Fla.App.2d 1966). If a Florida statute is patterned after a statute of a sis......
  • Blackwelder v. D'Ercole Enterprises, Inc., No. 62-78
    • United States
    • Court of Appeal of Florida (US)
    • January 22, 1963
    ...Law, McKinney's Consol.Laws, c. 59, § 15, and the Florida statute was adopted from New York. See Denmark v. Ridgell Furniture Co., 117 Fla. 244, 157 So. 5 Blackwelder's testimony as it related to the deed included the following: 'Q (By Mr. Bodner) What was the consideration for the deed on ......
  • Venice East, Inc. v. Manno, No. 5840.
    • United States
    • Court of Appeal of Florida (US)
    • May 13, 1966
    ...courts in construing our statute. Jasson D. Radding, Inc. v. Coulter, 138 So.2d 380 (D.C.A.Fla. 1962); Denmark v. Ridgell Furniture Co., 117 Fla. 244, 157 So. 489 (1934). It has been held that where a corporation may be in straitened financial circumstances and have difficulty meeting its o......
  • Freehling v. Michigan Repacking and Produce Company, No. 28228.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 27, 1970
    ...standard. F.S.A. § 608.55 was originally enacted in 1925. It was based on an earlier New York Statute. Denmark v. Ridgell Furniture Co., 117 Fla. 244, 157 So. 489 (1934). When Florida enacted the New York statute it also adopted "any known and settled construction that had been placed there......
  • Request a trial to view additional results
12 cases
  • State v. Aiuppa, No. 44264
    • United States
    • United States State Supreme Court of Florida
    • May 1, 1974
    ...the proper construction of our own statute. Gay v. Inter-County Tel. & Tel. Co., 60 So.2d 22 (Fla.1952); Denmark v. Ridgell Furniture Co., 117 Fla. 244, 157 So. 489 (1934); Venice East, Inc. v. Manno, 186 So.2d 71 (Fla.App.2d 1966). If a Florida statute is patterned after a statute of a sis......
  • Blackwelder v. D'Ercole Enterprises, Inc., No. 62-78
    • United States
    • Court of Appeal of Florida (US)
    • January 22, 1963
    ...Law, McKinney's Consol.Laws, c. 59, § 15, and the Florida statute was adopted from New York. See Denmark v. Ridgell Furniture Co., 117 Fla. 244, 157 So. 5 Blackwelder's testimony as it related to the deed included the following: 'Q (By Mr. Bodner) What was the consideration for the deed on ......
  • Venice East, Inc. v. Manno, No. 5840.
    • United States
    • Court of Appeal of Florida (US)
    • May 13, 1966
    ...courts in construing our statute. Jasson D. Radding, Inc. v. Coulter, 138 So.2d 380 (D.C.A.Fla. 1962); Denmark v. Ridgell Furniture Co., 117 Fla. 244, 157 So. 489 (1934). It has been held that where a corporation may be in straitened financial circumstances and have difficulty meeting its o......
  • Freehling v. Michigan Repacking and Produce Company, No. 28228.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 27, 1970
    ...standard. F.S.A. § 608.55 was originally enacted in 1925. It was based on an earlier New York Statute. Denmark v. Ridgell Furniture Co., 117 Fla. 244, 157 So. 489 (1934). When Florida enacted the New York statute it also adopted "any known and settled construction that had been placed there......
  • Request a trial to view additional results

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