Gully v. Remy
Indiana Supreme Court
ERROR to the Franklin Circuit Court. — Debt by the assignee against the obligors of a sealed note, dated the 24th of June, 1818. The note was for the payment of 300 dollars on -or before the 4th of January, 1820; together with interest from the date, in case of the non-payment of the principal when due if demanded. The declaration averred a presentment of the note for payment on the day it became due, and before and afterwards; and that payment had been refused.
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ERROR to the Franklin Circuit Court. — Debt by the assignee against the obligors of a sealed note, dated the 24th of June, 1818. The note was for the payment of 300 dollars on -or before the 4th of January, 1820; together with interest from the date, in case of the non-payment of the principal when due if demanded. The declaration averred a presentment of the note for payment on the day it became due, and before and afterwards; and that payment had been refused. Plea, that the obligee did not assign the obligation, &c. Demurrer to the plea. and judgment for the plaintiff below. — The Circuit…
1Opinion of the CourtBlackford, J.
One question for consideration, respects the
validity of the plea which denies the assignment of the obligation. This case will readily be distinguished from actions of debt and assumpsit on promissory notes, where the general issue is a denial of the whole cause of action. Here the general issue is non est factum, which puts the plaintiff upon proving nothing morq than the execution of the deed. Any thing which goes to avoid it, or to deny any of the other matters stated in the declaration must be specially pleaded. Therefore to oblige the plaintiff, who is an assignee, to prove the…
2Cases cited1 opinion
- Rumsey v. MatthewsCourt of Appeals of Kentucky · 1808
3Cited by7 opinions
- Krutz v. RobbinsWashington Supreme Court · 1895
- Rogers v. SampleMississippi Supreme Court · 1857
- Andrews v. JonesIndiana Supreme Court · 1834
- Mendenhall v. BayliesIndiana Supreme Court · 1874
- Cairns & Lord v. SmithNew York Supreme Court · 1811
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