Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 12

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...fact, and added an aflidavit for a continuance, /on. the ground that he could not prove the alleged transfer of the note by any one else, and that he expected "to elicit facts by the answer to the above interrogatories material to him on the trial," touching the fact of such transfer. He swore that he had been informed and believed the fact alleged in the answer to be true. The Court sustained a demurrer to the answer, refused the continuance asked, and, the defendant refusing to answer further, heard the cause and gave judgment for the plaintiff for the amount of the note, &c. It seems to us that the answer was too uncertain, and might have been set aside on motion. This being so, we shall not disturb the judgment of the Court below. "343 No motion, on written causes filed, was made for a new trial. _ i The judgment is affirmed with 10 per cent. damages and costs. Filed, May 31, 1859. FREAR and Another' 1/. BRYAN and Others. Suit by the assignees on a prommissory note. Answer, 1. A set-off against the maker, before notice of assignment. 2. Payment to him before such ' notice. Afterwards, a third paragraph was filed, to the effect that, at the time the defendants delivered the goods and paid the notes, as in the two former paragraphs set forth, the maker was the owner of the note, and promised to deliver it to the defendants, but failed to do so, and fraudulently assigned it to the plaintiffs, without their knowledge, and without consideration; but that the legal interest in the note was, at the time of such delivery, &c., in the defendants, and that the plaintiffs never had legal title thereto. Prayer, that the maker be made:1 party. Held, 1. That the third paragraph was bad either as an answer, or as more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • United States
  • English
  • black & white illustrations
  • 1236771273
  • 9781236771278