68 Fla. 344 | Fla. | 1914
On the 6th of March, 1911, the defendant in error brought an action of assumpsit against the plaintiff in error in the Circuit Court of Hillsborough County. There was a verdict and judgment below for defendant in error, and a writ of error by the Drug Company. Berger, who will be called the plaintiff herein, claimed a balance due him as salary as an officer of the company from July 1, 1908, to July 1, 1909, and an item of $170.00 advanced by him-to the company. This item was eliminated on the trial. The declaration contained thé common counts, and the defendant company pleaded the general issue. On
The second assignment of error is based on the ruling of the trial judge refusing to allow the plaintiff in error t<5 propound the following question to witness W. G. Allen: “Did you ever hear anything of his (Mr. Berger’s) leaving a portion of his salary to the credit of the company during that year ?” Mr. Allen testified at considerable length as to Mr. Berger’s relations with the company. Allen was the president of the company, and a director from its organization. He testified emphatically that Berger’s salary of $3600.00 per annum was by his request cut to $2000.00 per annum, and incidentally denied Berger’s claim. We find no reversible error in this ruling.
The next assignment of error is based on the ruling of the trial judge in sustaining the objection of Berger’s attorney to the following ■ question propounded to Mr. Allen: “You were present this morning when Mr. Berger testified that after he was relieved of the duties of secretary and fiscal manager that he had the other duties of
The next assignment presented is based on the action Of the trial judge refusing a motion in arrest of judgment. This contention is based on the proposition that there is no appropriate count in the declaration to sustain the verdict, and that the count for “work and labor performed” is defective because it does not allege that the services sued for were rendered at the request of the com • pany. There was no objection made to the declaration before trial. It contained several of the common counts, among them counts “for money had and received by the defendant for the use of the plaintiff,” and a count upon an “account stated” — as well as the one which is criticised. This court has several times had occasion to apply Section 1610, General Statutes of 1906, to cases similar to this, and we hold that no reversible error is committed in overruling a motion in arrest of judgment.
For the error pointed out the judgment of-the Circuit Court is reversed.