Columbia v. Amos
Indiana Supreme Court
ERROR to the Rush Circuit Court.
1Opinion of the CourtPerkins, J.
Suit, commenced before a. justice of the peace, and appealed to the Circuit Court, upon a due-bill for 30 dollars of canal money. Judgment below for the plaintiff for the amount of the due-bill, with interest from the commencement of the suit.
The plaintiff in error makes three objections to the judgment.
1. He says the due-bill was given for a sick stallion; that it was the agreement, at the time the due-bill was executed, that it should not be paid unless the stallion got well; and that the stallion did not get well.
These facts, if admitted, could not be set up as a defence, *185because they…
2Cases cited2 opinions
- Wilson v. HicksonIndiana Supreme Court · 1822
- Foust v. HannahIndiana Supreme Court · 1848
3Cited by2 opinions
- McClintic's v. CoryIndiana Supreme Court · 1864
- Kimball v. MyersMichigan Supreme Court · 1870