THE GRAND LODGE OF KNIGHTS OF PYTHIAS OF NORTH AMERICA, SOUTH AMERICA, EUROPE, ASIA, AFRICA AND AUSTRALIA, PLAINTIFF IN ERROR,
v.
ALLEN STOKES, AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF FRANK AMOS, DECEASED, AND SOLE LEGATEE UNDER SAID WILL, DEFENDANT IN ERROR
THE GRAND LODGE OF KNIGHTS OF PYTHIAS OF NORTH AMERICA, SOUTH AMERICA, EUROPE, ASIA, AFRICA AND AUSTRALIA, PLAINTIFF IN ERROR,
ALLEN STOKES, AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF FRANK AMOS, DECEASED, AND SOLE LEGATEE UNDER SAID WILL, DEFENDANT IN ERROR
81 Fla. 699
Florida Supreme Court (1921)
Caution
Also reported at: 88 So. 623
Cited by 21 cases
Opinion of the Court
[*700] Per Curiam.
This cause having been heretofore submitted to the Court upon the transcript of-the record of the judgment aforesaid, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises,- it seems to the Court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be, and the same'is hereby, affirmed.
Browne, C. J., and Whitfield and West, J. J., concur. Taylor and Ellis, J. J., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Kearson v. State, 123 Fla. 324 (Fla. 1936)…absence of the owner is satisfactorily accounted for, his non-consent may be proved by circumstantial evidence, provided the circumstances are such as to exclude every reasonable presumption that the owner consented. Albritton v. State, 61 Fla. 684, 88 So. 623. The owner of this property resided in New York and was in that state when the property was stolen, and also when the trial took place. The absence of the owner was thus satisfactorily explained. From the circumstances of the breaking and entering…
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Damico v. State, 153 Fla. 850 (Fla. 1943)…t way she expected to recoup a part of her investment in the venture. Pursuant to such agreement she left the safe unlocked and enabled the appellant to commit the crime. To support his contention appellant has cited Albritton v. State, 81 Fla. 684, 88 So. 623 and several other cases of like import. Such authorities have no application to the facts of this case because while the secretary-treasurer was finan [*853] cially interested in the store the title to the property was in the company and also a larg…
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Bussart v. State, 128 Fla. 891 (Fla. 1937)…8 Ann. Cas. 284, 7 L. R. A. (N. S.) 1149; Thorne v. Turck, 94 N. Y. 90, 46 Am. Rep. 126, because of the absence of any trespass in the taking. Stewart v. People, 173 Ill. 464, 50 N. E. 1056, 64 A. S. R. 133. See also Albritton v. State, 81 Fla. 684, 88 So. 623. “If the owner intends to part with his entire ownership ' in the property, instead of with his mere possession, the offense is not larceny, but is something else, either cheating or obtaining property by false pretenses, generally the latter. Henc…
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