HomeMy WebLinkAbout1087 , ~ - , ,~"-1
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that Defendant. had in some way assumed to gay for the goads !or
which the account was stated.
AfteY the Plaintitf has made his case, thQ burden of
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going foYward with the proof shifts to the Defendant. He may
inpeach the account by showing fraud, mistake, or an error. In
so~e cases in Flor'ida the Defendant has been permitted, under a
pleading in the nature of a general denial, to show that he is not `
indebted under an accourt stated because it is incorrect. The
Defendant also has the right, under such a pleading, to show -
either by cross examination, or by affirmative proof, that ir?cluded
in the Plaintiff's account are items of indebtedness drew by another
for which he was not responsible and for the payment of vrhiCh he
co~ld only be made legitimately liable by some agreement in writing
signed by him.
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Yn the case before the Court the Plaintiff has made
prima facia case. The Defendant has not sustained the burden of -
' going forward with the proof as the la~r required. Therefore, it ;
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ORDII2ED AND AATUDGED that the Plaintiff do have and recover
of and from the Defendant the sum of $100.00 plus costs herein taxed
at $5.00.
DONS AND_ oRDII2ED at Fort Pierce, St. Lucie Connty,
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Florida, this day of November , A.D. , 1967.
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WILLIAM G. TYE, Judge mall Claims Court
FILED ANO RECORDED
ST. LUCIE COUPiTY. FLA.
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~:fI;:E_n = ~'Ti'~$ +
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