Denmark v. Ridgell Furniture Co.
| Decision Date | 14 November 1934 |
| Citation | 117 Fla. 244,157 So. 489 |
| Parties | DENMARK et al. v. RIDGELL FURNITURE CO. et al. |
| Court | Florida Supreme Court |
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 Kay, Adams, Ragland & Kurz, of Jacksonville for petitioners.
Lee Guest, of Jacksonville, for respondents.
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:
v.
'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, 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; that the cause of action set forth in the several counts of plaintiff's declaration is apparently based upon section 43, of chapter 10096, Laws of Florida, 1925, which section provides as follows:
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State v. Aiuppa
...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......
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Blackwelder v. D'Ercole Enterprises, Inc.
...Stock Corporation 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. 489.5 Blackwelder's testimony as it related to the deed included the following: 'Q (By Mr. Bodner) What was the consider......
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Venice East, Inc. v. Manno
...Florida 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 meeti......
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Freehling v. Michigan Repacking and Produce Company
...correct 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 plac......